Hornback v. US, No. 09-1543 the Federal Circuit faced a challenge to the district court's dismissal of plaintiff's suit seeking compensation for the government's use of his invention, titled "Real Time Boresight Error Slope Sensor."
As stated in the decision: "Section 183 provides for damages to be paid to patent holders in two situations: when the government wrongfully uses the patented device during the period of secrecy, and when the secrecy order itself causes damages."
Thus, in affirming the dismissal of the claim for failure to state a claim, the court held that the Invention Secrecy Act, 35 U.S.C. section 1983 does not provide plaintiff with a cause of action for the government's use of an invention subject to a secrecy order after the issuance of a patent on that invention.
- Full text of Hornback v. US