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 (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.?

Question Presented (OCR Extract)

QUESTIONS PRESENTED A serious legal conflict has developed between the USCFC and USS. 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. QUESTION-1 Can the USCFC, the Federal trial court, dismiss as a Fifth amendment property claim, the claim 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)? QUESTION-2 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 Tn | ii 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.? QUESTION 3 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? , BT | il

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