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Title 28 (Judiciary and Judicial Procedure) is the portion of the United States Code (federal statutory law) that governs the federal judicial system. It is divided into six parts: Part I: Organization of Courts
Government patent use law is a statute codified at 28 USC § 1498(a) [1] that is a "form of government immunity from patent claims." [2] [1] Section 1498 gives the federal government of the United States the "right to use patented inventions without permission, while paying the patent holder 'reasonable and entire compensation' which is usually "set at ten percent of sales or less".
28 USC 1498. This statute allows the US government to override patent protection (or contract another entity to do so) for public-use purposes. The patent owner can sue for limited compensation. [36] Invention Secrecy Act (1951) Patent Act of 1790, First Patent Act - April 7, 1790; Patent Act of 1836; Patent Act of 1870; Patent Act of 1952
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28 USC 2201 Declaratory judgment jurisdiction is available to patent licensees who continue to pay royalty and have not breached the licensing agreement. KSR v. Teleflex: 550 U.S. 398: 2007: Concerning the issue of obviousness as applied to patent claims. Microsoft v. AT&T: 550 U.S. 437: 2007: Related to international enforceability of U.S ...
The Federal Tort Claims Act (August 2, 1946, ch. 646, Title IV, 60 Stat. 812, 28 U.S.C. Part VI, Chapter 171 and 28 U.S.C. § 1346) ("FTCA") is a 1946 federal statute that permits private parties to sue the United States in a federal court for most torts committed by persons acting on behalf of the United States.
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Federal statutory law (28 USC § 1738) provides that: Such Acts, records and judicial proceedings or copies thereof, so authenticated, shall have the same full faith and credit in every court within the United States and its Territories and Possessions as they have by law or usage in the courts of such State, Territory or Possession from which ...