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Ruling Against Government in Night Vision Goggles Patent Case

In Honywell Int'l, Inc. v. US, No. 08-5181, the Federal Circuit dealt with the issue of whether the United States government infringed plaintiff-Honeywell's patent related to passive night vision goggles that are compatible with a full color display when both are used in an airline cockpit.

In reversing the decision of the US Court of Federal Claims, the court held that the government has not proved by clear convincing evidence that claim 2 of the patent is invalid and that plaintiff has standing to assert a claim for just compensation under the Invention Secrecy Act. 

The Court further held that the first sale doctrine does not preclude plaintiff from recovering damages against the government for use of infringing systems in the F-16 aircraft. 

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