A federal judge ruled that wheel manufacturer Hutchinson Industries Inc. cannot sue rival Accuride Corp. for patent infringement based on wheels it made for a contractor bidding on work for the federal government. Government contractors and subcontractors are protected from patent suits under 28 U.S.C. Section 1498; the law is designed to ensure that the government has access to the equipment and technology it needs, particularly during wartime. Hutchinson and Accuride provided wheels to federal contractors submitting bids for the U.S. government’s request for all-terrain vehicles (ATVs). Hutchinson, whose wheels ended up in the government contractor’s ATVs, sued Accuride for infringement. Finnegan partner Lionel Lavenue, representing Accuride, said that the court’s opinion laid the groundwork for future cases involving bidding on government contracts: “I think that the judge has really outlined a very clear line in the sand on bidding in the government context, that there is immunity under the facts that we had and also under general facts where you have bidders submitting materials for a contract that goes for government purposes or military purposes.”
