Monday, October 22, 2001
28 U.S.C: A number to know
When Sen. Charles Schumer last week proposed that HHS ignore Bayer AG's U.S. patent covering Cipro ciprofloxacin in order to protect the populous against anthrax, he was basing his case on federal law 28 U.S.C. part 1498(a), according to the FDA.
Under the statute, whenever a party makes or uses a patented invention without a license - but does so for the U.S. with authorization from the government - the patent owner cannot seek a remedy by claiming patent infringement. Its only recourse is to seek reasonable compensation from the government in U.S. Claims Court.