John M.J. Madey v. Duke University

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• reversing district court’s dismissal for lack of subject matter jurisdiction because it erroneously believed that section 1498(a) was jurisdictional
• section 1498(a) “relieves a third party from patent infringement liability, and it acts as a waiver of sovereign immunity and consent to liability”
• Federal Circuit law . . . teaches that § 1498(a) is an affirmative defense and is not jurisdictional.”
• “[T]here are two important features of § 1498(a). It relieves a third party from patent infringement liability, and it acts as a waiver of sovereign immunity and consent to liability by the United States.”

Source: CourtListener parenthetical corpus (CC0).