No. 23-190

Probir K. Bondyopadhyay v. United States

Lower Court: Federal Circuit
Docketed: 2023-08-29
Status: Denied
Type: Paid
Response WaivedRelisted (3)
Tags: civil-rights due-process fifth-amendment government-liability jurisdictional-conflict patent patent-claim perjury sovereign-immunity statutory-interpretation takings
Key Terms:
Patent
Latest Conference: 2023-12-08 (distributed 3 times)
Question Presented (from Petition)

A serious legal conflict has developed between the
USCFC and U.S. District Court involving Title 28
U.S.C. Section 1338(a) and Title 28 U.S.C. Section
1498(a) that the CAFC has not and will not resolve.

Can the USCFC, the Federal trial court, dismiss
Fifth amendment property claim, the claim as a
arising out of admitted unauthorized use of a
patented U.S. invention by the Defendant U.S.A.
already established by the U.S District Court (SDTX,
Houston) under Title 28 USC Section 1338(a)?

The U. S. Court of Federal Claims (USCFC) is a
Federal trial court with nation-wide jurisdiction on
patent related claims against the Defendant U.S.A.
which has sovereign immunity against U.S. patent
infringements. Does the USCFC have the power to
vacate by summary judgment, based on a proven false
affidavit, a prior U.S. District Court order that
established, under Title 28 USC Section 1338(a),
existence of the claim based on admitted
unauthorized use of a patented U.S. invention by the
Defendant U.S.A.?

Penalty of perjury committed on behalf of the
Defendant U.S.A. by false affidavit, under Title 28
U.S.C. Section 1498(a) at the USCFC resulted in
vacating, by summary judgment, the admitted claim
established by U.S. District Court under Title 28 USC
Section 1338(a). Whereas, subsequent penalty of
perjury at the same U.S. District Court has been
prompt removal of the responsible U.SA officials! The
CAFC does not address this issue. What is the Truth?

Question Presented (AI Summary)

Can the USCFC dismiss a Fifth Amendment property claim arising from the admitted unauthorized use of a patented U.S. invention by the U.S.A.?

Docket Entries

2023-12-11
Rehearing DENIED.
2023-12-01
Rescheduled.
2023-12-01
DISTRIBUTED for Conference of 12/8/2023.
2023-11-14
DISTRIBUTED for Conference of 12/1/2023.
2023-11-03
Petition for Rehearing filed.
2023-10-10
Petition DENIED.
2023-09-13
DISTRIBUTED for Conference of 10/6/2023.
2023-09-06
Waiver of right of respondent United States to respond filed.
2023-05-22
Petition for a writ of certiorari filed. (Response due September 28, 2023)

Attorneys

Probir K. Bondyopadhyay
Probir K. Bondyopadhyay — Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent