FEATURE COMMENT: Federal Circuit Upholds Patent Forfeiture For Failure To Comply Strictly With Reporting Requirement, Despite Lack Of Prejudice

The Federal Circuit issued its first-ever decision reviewing a Contracting Officer’s decision to impose a patent forfeiture. Campbell Plastics Engineering & Mfg., Inc. v. Brownlee, 03-1512 (Fed. Cir., Nov. 10, 2004), aff’ing Campbell Plastics Engineering & Mfg., Inc., ASBCA 53319,
March 18, 2003. In so doing, the Court construed the contractor’s reporting obligation strictly.

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