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B-193272 1 (1981-08-21)

handle is hein.gao/gaobadjrg0001 and id is 1 raw text is: 0( THE COMPTROLLER GENERAL DECISION OF THE UNITED STATES qWASHINGTON. D.C. 20548 FILE:-193272 DATE: August 21, 1981 MATTER OF:Homer E. Jackson - Attorney fees for patent interference action against the Government DIGEST: Claims Division's disallowance of attorney fees for inventor who successfully prosecuted patent interference action against NASA is affirmed. Board of Patent inter- ference findings do not support conclusion that NASA breached its contract with the inventor so attorney fees may not be considered damages for a breach. Moreover, under the American Rule, a prevailing party is not en- titled as a matter of right to attorney fees in the ab- sence of a statutory or contractual provision therefore. This decision is in response to a request by Mr. Homer E. Jackson, that we review our Claims Division's settlement of August 31, 1978 (Claim No. Z-2755008), which disallowed Mr. Jackson's claim for attorney fees. Mr. Jackson incurred the fees in protecting his patent in an interference action against the Government Jackson v. Steele, Interference No. 98,292, May 30, 1975. We affirm denial of the claim for the reasons discussed below. In 1967, Mr. Jackson, then an employee of the National Aeronautics and Space Administration (NASA) disclosed to NASA an invention entitled Aircraft Collision Warning System (ACWS). Mr. Jackson's invention was not related to his employment, nor was it sponsored by Government funding. Therefore, NASA in accordance with 37 C.F.R. Part 100 and Ex- ecutive Order No. 10096 (January 23, 1950, 15 C.F.R. S 391) as amended, determined that title to the invention should rest with Mr. Jackson. On June 18, 1968, the Comissioner of Patents concurred with NASA's determination of ownership. Mr. Jackson and NASA entered into a License and Agreement, NASA Form 427, NASA Case No. HON-10149 on March 28, 1969. This agreement provided that, in exchange for NASA incurring all costs required for securing a patent, Mr. Jackson would grant the Government a non- exclusive, irrevocable, royalty-free license in the invention and under any patents which might issue from it. In addition, Mr. Jackson agreed that NASA would have the irrevocable and exclusive right to prosecute the patent application in the U.S. Patent and Trademark Office and authority to prosecute and make adjustments and settlements of any in- terferences in which the application or patent might become involved. Accordingly, NASA filed United States patent application No. 811,287 on March 28, 1969.

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