B-191851: Aug 15, 1978

A company protested a contract award, alleging that possible infringement of its patents could result from the subcontract to another firm. A patent holder's exclusive remedy against infringement is a suit against the Government in the Court of Claims...

B-191851: Aug 15, 1978

DIGEST: GAO WILL NOT CONSIDER PROTEST CONCERNING ALLEGATION THAT PATENT INFRINGEMENT MAY RESULT FROM SUBCONTRACT AWARD AS 28 U.S.C. THE BASIS OF THE PROTEST IS THAT POSSIBLE INFRINGEMENT OF CES' PATENTS MAY RESULT FROM THE PROCUREMENT. CES HAS NOT ALLEGED SUBSTANTIVE MATTERS WHICH ARE PROPERLY FOR RESOLUTION BY OUR OFFICE. 28 U.S.C. SEC. 1498 (1970) PROVIDES: "(A) WHENEVER AN INVENTION DESCRIBED I...