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A Path Toward An Increased Role For The United States In Patent Infringement Litigation, Caroline M. Turner
A Path Toward An Increased Role For The United States In Patent Infringement Litigation, Caroline M. Turner
Chicago-Kent Journal of Intellectual Property
A number of major statutory schemes implicate federal interests but do not provide for explicit authority for the United States to bring lawsuits for damages or to obtain injunctive relief. The patent statutes provide that the patentee may sue in the case of infringement, and court decisions have extended that right to certain licensees. Accordingly, the United States has participated in cases in which it is not a co-patentee or licensee only as an amicus. Yet the government arguably has an interest in intervening in or instituting, as a co-plaintiff, infringement cases involving certain patents. Recent scholarship has renewed attention …