No. 21-249

Probir Kumar Bondyopadhyay v. United States

Lower Court: Federal Circuit
Docketed: 2021-08-20
Status: Denied
Type: Paid
Response Waived
Tags: civil-rights constitutional-claim due-process federal-claims government-taking invention-compensation national-defense patent patent-rights standing takings
Key Terms:
Patent
Latest Conference: 2021-10-08
Question Presented (from Petition)

The question before the Honorable U.S. Supreme Court is on the recognition and affirmation of the Jeffersonian claim of an original creature of the U.S. Constitution against the United States under Article 1 Section 8 Clause 8 arising out of admittedly unauthorized and intentional use (over a continuous period of 12 years 7 months and 16 days) of a patented U.S. invention vital for U.S. National Defense on which the U.S. Court of Federal Claims (USCFC) and the U.S. Court of Appeals for the Federal Circuit (CAFC) issued no judgment (even under CAFC Rule 40 and CAFC Rule 35). [Appendix-A, Appendix-B and Appendix-C].

This petitioner, a U.S. Citizen sole independent inventor and sole owner of the patented (US 6,292,134) U.S. invention (of a very large Phased Array Antenna system architecture for modernization of Air Force Satellite Control Network) was accorded the status of the said original creature of the U.S. Constitution by the CAFC (0:2018cvus01674) with its mandate issued on September 7, 2018. The applicable exclusive constitutional law Title 28 USC Section 1498(a) was not applied to the admitted facts by the USCFC (Appendix-C) thus interrupting the progress of science and necessary improvements in U.S. National Defense capabilities.

Question Presented (AI Summary)

Whether the Jeffersonian claim of an original creature of the U.S. Constitution against the United States under Article 1 Section 8 Clause 8 arising out of unauthorized and intentional use of a patented U.S. invention vital for U.S. National Defense should be recognized and affirmed

Docket Entries

2021-10-12
Petition DENIED.
2021-09-22
DISTRIBUTED for Conference of 10/8/2021.
2021-09-15
Waiver of right of respondent United States to respond filed.
2021-08-17
Petition for a writ of certiorari filed. (Response due September 20, 2021)

Attorneys

Probir Kumar Bondyopadhyay
Probir Kumar Bondyopadhyay — Petitioner
United States
Brian H. FletcherActing Solicitor General, Respondent