Is it a violation of procedural due process to order the Patent Owner to prove the Government directly infringed Patent Owner's patents under 28 U.S.C. § 1498(a) as a predicate to showing the Government appropriated or used Petitioner's patented invention, without just compensation?

QUESTIONS PRESENTED Considering the Supreme Court precedence and the Fifth Amendment of the U.S. Constitution, is it a violation of procedural due process to order the Patent Owner to prove the Government directly infringed Patent Owner’s patents under 28 U.S.C. § 1498(a) as a predicate to showing the Government appropriated or used Petitioner’s patented invention, without just compensation? On record, the Government in DHS S&T BAAO710 Cell-All, took property from the Petitioner and awarded contracts to LG, Samsung, Apple, and Qualcomm to develop and commercialize Petitioner’s property supposedly for the benefit of the Government and for public use. “[I]t has long been accepted that the sovereign may not take the property of A for the sole purpose of transferring it to another private party B, even though A is paid just compensation.” Kelo, 125 §.Ct. at 2661. Therefore, is it a violation of the Fifth Amendment of the U.S. Constitution and the “Due Process” Clause for the Government to deprive Petitioner of his property, by contracting LG, Samsung, Apple, and Qualcomm to develop and commercialize Petitioner’s property, without paying just compensation? The Supreme Court explicitly recognized that patents are property secured by the Fifth Amendment Takings Clause. In Horne v. Department of Agriculture, 576 U.S. 350 [2015] the Court held that the Takings Clause imposes a “categorical duty” on the government ll QUESTIONS PRESENTED—Continued to pay just compensation whether it takes personal or real property. As the Supreme Court summed up in James v. Campbell, 104 U.S. 356, 358 (1882): “fA patent] confers upon the patentee an exclusive property in the patented invention which cannot be appropriated or used by the government itself without just compensation”. The Fifth Amendment of the U.S. Constitution provides that “no person shall be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation”.