ST. LOUIS - Zoltek Companies Inc. reported on developments in long-running patent litigation filed in the US Court of Federal Claims by its Zoltek Corporation subsidiary against the US Government, a press release by Zoltek stated.
The Court recently granted Zoltek's motion for leave to amend its complaint to assert certain claims against US Government contractor, Lockheed Martin Corporation, with respect to the F-22 Fighter Plane, and to transfer that portion of the lawsuit to the Federal District Court in Atlanta.
The transfer results from an earlier ruling of the US Court of Appeals holding that the government was not liable to Zoltek for patent infringement relating the F-22.
Consequently, Zoltek will amend its complaint and continue to prosecute patent claims against Lockheed in Federal District Court in Atlanta. The Claims Court's order to transfer the F-22 Fighter portion of the case is the first time that a court has permitted a patent holder to sue a US Government contractor for patent infringement for work performed at the direction of the US Government.
In the litigation, which has been pending for almost 13 years, Zoltek alleges the US Government infringed Zoltek's patent rights by incorporating carbon fibers manufactured by a process covered by Zoltek's patent into certain stealth aircraft, specifically including the B-2 Bomber and the F-22.
In earlier rulings, the government prevailed on its defense that, under applicable patent law, it was not liable for patent infringement by virtue of the fact that certain manufacturing steps were performed outside the United States.
In its opinion, the Court of Federal Claims stated, "Contrary to the government's assertion that no court has jurisdiction over Zoltek's claim, this Court is of the opinion that Zoltek is entitled, as should be all plaintiffs, to have its day in court."
"We are pleased that the Court of Federal Claims ruled in our favor and cleared the way for continued prosecution of this lawsuit to vindicate our patent rights. Despite several setbacks that have caused this litigation to drag on for many years, we are as committed as ever to obtaining fair compensation for our proprietary carbon fiber technology utilized in these aircraft,” Zoltek's Chairman and CEO Zsolt Rumy stated.
“Nonetheless, it appears that any recovery must await further proceedings and this case will not provide us any short-term financial benefit," he concluded.
