Golden v. United States, No. 19-2134 (Fed. Cir. 2020)
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Golden, pro se, filed this suit in 2019, under the Tucker Act, 28 U.S.C. 1491(a), seeking “reasonable and entire compensation for the unlicensed use and manufacture” of his “inventions described in and covered by” various patents. He had filed an unsuccessful patent infringement suit against the government in 2013; a fifth amended complaint had alleged “Fifth Amendment Takings.” In 2014, the government sought inter partes review (IPR) of the patents; Golden is challenging an unfavorable decision as “ultra vires.” The Claims Court dismissed Golden’s 2019 complaint as largely duplicative of the 2013 suit.
The Federal Circuit affirmed. The Claims Court did not have jurisdiction over these section 1491 claims because patent infringement claims against the government are to be pursued exclusively under 28 U.S.C. 1498. A patent owner may not pursue an infringement action as a taking under the Fifth Amendment. With respect to claims arising from the IPR proceedings, the court noted that Golden voluntarily filed a non-contingent motion to amend the claims on which the IPR was instituted. His substitute claims were found unpatentable. The claims at issue were canceled as result of Golden’s own voluntary actions; cancellation of the claims in the government-initiated IPR cannot, therefore, be chargeable to the government under any legal theory.
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