While the federal government helps protect and even enforce patents, sometimes government procurement can be the cause of patent infringement. Science Applications International Corp. (“SAIC”) has found itself in that situation, and SAIC is currently fighting at the U.S. Court of Federal Claims (“Court of Federal Claims”) to keep federal procurement entities from infringing SAIC’s patents by awarding contracts to SAIC’s competitors for the supply of heads up displays (“HUDs”) and night vision goggles (“NVGs”). The case is still at its early stages, but SAIC scored an early win this month against the government when the Court of Federal Claims held that SAIC’s HUD and NVG patents were directed to patent-eligible subject matter under 35 U.S.C. § 101. The Court of Federal Claims held that SAIC’s HUD and NVG patent claims are directed to a particular solution to an industry problem and that the patent claims deploy an unconventional technique. As such, the claims are subject matter eligible and the Court of Federal Claims denied the government’s motion to dismiss. SAIC’s victory at this stage means their case against the government for infringement can proceed. Click here for the full opinion of the Court of Federal Claims.
