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B-191322 1 (1978-07-07)

handle is hein.gao/gaobadgez0001 and id is 1 raw text is: ~~ THE COMPTROLLER GEINERAL ~ . OECISION OF THE UNITED STATEB WASHINGTON. D.C. 20540I FILE: B-191322 DATE: July 7, 1978 MATTER OF: Miltope Corporation DIGEST: 1. Protest against alleged infringements of patenits is not for consideration since remedy is court accion against Government for money damages under 28 U.S.C. S 1498 (1970). 2. Where protester does not contest prior knowledge of alleged noncompliance with specification of item supplied by approved source listed in solicitation, protest at time of being advised of award on basis of unacceptability of approved source's item instead of prior to closing date for submission of initial proposals is untimely filed and not for consideration on merits. The Miltope Corporation protests the contract awarded to PSI Peripheral Support under Defense Electronics Supply Cer:ter, Defense Logistics Agency (bLA), request for proposals No. DLA900-78-R-0391 on the bases that Miltope has the exclusive rights to the two patents covering the item being purchased and that the Naval Ships Engineering Center specifically advised the DLA that the PSI drive solenoid is not acceptable to the Navy. Later (as a part of its com- ments on the DLA report to our Office) Miltope also advised that another office in the Department of the Navy, as well as the United Statcs Air Force Cryptologic Labs, has continuously complained of the rubber peeling off the pinch rollers of the item. I As regards the issue of possible patent infringe- ments, the exclusive legal right afforded to Miltope is uuder 28 U.S.C. F 1498 (1970), wherein it is provided that: any suit by the holder of a patent that is allegedly infringed in the process of the performance of a Govern- went contract shall be against the Government for money I

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