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ARTICLE · 13 JULY 2010

Honeywell Has Standing Under Invention Secrecy Act

Finnegan, Henderson, Farabow, Garrett & Dunner LLP
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In Honeywell International, Inc. v. United States, No. 08-5181 (Fed. Cir. May 25, 2010), the Federal Circuit revised its prior opinion of February 18, 2010, by clarifying its remand concerning preissuance damages for the government’s defense against an Invention Secrecy Act ("the Act") claim.

United StatesIntellectual Property
Daniel Nadel
Daniel Nadel
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Judges: Mayer (dissenting-in-part), Prost, Moore (author)
[Appealed from Court of Federal Claims, Judge Braden]

In Honeywell International, Inc. v. United States, No. 08-5181 (Fed. Cir. May 25, 2010), the Federal Circuit revised its prior opinion of February 18, 2010, by clarifying its remand concerning preissuance damages for the government's defense against an Invention Secrecy Act ("the Act") claim. Having inaccurately stated in its original opinion that the only disputed portion of 35 U.S.C. § 183 of the Act involved standing, the Court newly instructed the Court of Federal Claims to determine if the disclosure in a patent application subject to a secrecy order must result in government use of the invention, and whether it did so in this case.

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