B-209159, OCT 21, 1982

B-209159: Oct 21, 1982

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DIGEST: THE EXCLUSIVE REMEDY FOR AN ALLEGED PATENT INFRINGEMENT BY A GOVERNMENT CONTRACTOR IS A SUIT FOR DAMAGES IN THE UNITED STATES CLAIMS COURT. ARTAIS CONTENDS THAT THE "OTHER BIDDERS ARE IN VIOLATION OF ESTABLISHED ARTAIS. THE EXCLUSIVE REMEDY FOR AN ALLEGED PATENT INFRINGEMENT RESULTING FROM PERFORMANCE OF A GOVERNMENT CONTRACT IS A SUIT FOR MONEY DAMAGES AGAINST THE GOVERNMENT IN THE UNITED STATES CLAIMS COURT. 28 U.S.C.

B-209159, OCT 21, 1982

DIGEST: THE EXCLUSIVE REMEDY FOR AN ALLEGED PATENT INFRINGEMENT BY A GOVERNMENT CONTRACTOR IS A SUIT FOR DAMAGES IN THE UNITED STATES CLAIMS COURT.

ARTAIS, INC.:

ARTAIS, INC., PROTESTS ANY AWARD UNDER INVITATION FOR BIDS (IFB) NO. DTFA01-82-B-27216, ISSUED BY THE FEDERAL AVIATION ADMINISTRATION. ARTAIS CONTENDS THAT THE "OTHER BIDDERS ARE IN VIOLATION OF ESTABLISHED ARTAIS, INC., U. S. PATENT RIGHTS."

THE EXCLUSIVE REMEDY FOR AN ALLEGED PATENT INFRINGEMENT RESULTING FROM PERFORMANCE OF A GOVERNMENT CONTRACT IS A SUIT FOR MONEY DAMAGES AGAINST THE GOVERNMENT IN THE UNITED STATES CLAIMS COURT. 28 U.S.C. SEC. 1498, AMENDED, PUB.L. NO. 97-164, 96 STAT. 40, APRIL 2, 1982. GAO, THEREFORE, DOES NOT CONSIDER ALLEGATIONS OF POSSIBLE PATENT INFRINGEMENT BY A GOVERNMENT CONTRACTOR. ENERGY CONSERVATION UNLIMITED, INC., B-207107, APRIL 27, 1982, 82-1 CPD 395.

PROTEST DISMISSED.

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