About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

B-184053 1 (1980-04-14)

handle is hein.gao/gaobadief0001 and id is 1 raw text is: J 4375 13ECISION FILE: B-184053 THE COMPTROLLER GENERAL OF THE UNITED STATES WASHINGTON, 0. C. 20548 DATE: 'APR ff~U~/7 MATTER OF: RCA Corporation DIGEST: 1. Judgment against United States for patent infringement may include interest as delay compensation since infringement is viewed as a taking by eminent domain and 28 U.S.C. § 1498 authorizes reasonable and entire compensation. However, since determination of delay compensation is a judicial function, it may not be awarded administratively by GAO but is payable only where it has been expressly awarded by Court of Claims. 2. Where judgment of Court of Claims against United States in patent infringement suit was based on compromise stipulation under which plaintiff agreed to accept stipulated sum in full settlement of all claims set forth in the petition, terms of judgment preclude allowance of claim for additional amount as delay compensation. This decision results from a claim by RCA Corporation for delay compensation in connection with a judgment of the 333 United States Court of Claims. Our Claims Division initially disallowed the claim, and RCA sought reconsideration. For the reasons that follow, we believe the Claims Division's disallowance must be sustained. In May, 1975, RCA filed suit against the United States in the Court of Claims. The suit was an action for patent infringement under 28 U.S.C. § 1498(a) (1976), which provides in pertinent part: . (a) Whenever an invention described in and covered by a patent of the United States is used or manufactured by or for the United States without license of the owner thereof or lawful -1- . - r

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most