The technology at issue was systems used to scan airline passenger boarding passes. The patentee sued three contractors in the Maryland district court for inducing or contributing to the direct infringement by the United States (the TSA) of the patents-in-suit. After re-filing the case due to having previously simultaneously suing the U.S. in the Court of Claims and the contractors in district court, which is not permitted under 28 U.S.C. § 1500, the district court dismissed this action because, under 28 U.S.C. § 1498, infringement claims involving use by the U.S. must be brought exclusively in the Court of Claims. The court affirmed the district court’s dismissal on these grounds.
Astornet Technologies Inc. v. BAE Systems, Inc., Case Nos. 2014-1854, 2015-1006, 2015-1007 (September 17, 2015); Opinion by: Taranto, joined by Prost and Newman; Appealed From: District Court for the District of Maryland, Titus, J. Read the full opinion here.
