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Liberty Ammunition, Inc. v. United States

United States Court of Federal Claims

October 31, 2011, Filed

No. 11-84C



LETTOW, Judge.

Plaintiff has brought this patent case pursuant to 28 U.S.C. § 1498(a) with attendant breach-of-contract and unfair-competition claims. At issue are intellectual property rights to the so-called "Green Bullet." The Department of Defense embarked on a quest for this munition some years ago, seeking a lead-free bullet  [**2] that was less harmful to the environment than its predecessor but still just as lethal. The U.S. Army has made significant strides in this area, and now such ammunition is standard issue for America's troops.

Liberty Ammunition, Inc. ("Liberty" or "plaintiff") claims that the government achieved this success by infringing on its patent. Liberty further alleges that the government violated several non-disclosure agreements ("NDAs") concerning its patented bullet design. Lastly, it avers that the government is unfairly claiming credit for Liberty's breakthroughs.

The government concedes that this court has jurisdiction over the patent claim, stated in Liberty's complaint as Count I, based upon 28 U.S.C. § 1498(a). See Def.'s Mot. to Dismiss Counts II and III ("Def.'s Mot.") at 3 n.3. Jurisdiction is contested over Liberty's two non-patent claims. The government has moved to dismiss those claims for lack of subject matter jurisdiction under Rule 12(b)(1) of the Rules of the Court of Federal Claims ("RCFC"), id. at 1, or alternatively, the government asks the court to dismiss Liberty's breach-of-contract claim pursuant to RCFC 12(b)(6). Id.


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101 Fed. Cl. 581 *; 2011 U.S. Claims LEXIS 2126 **


Subsequent History: Patent interpreted by Liberty Ammunition, LLC v. United States, 111 Fed. Cl. 365, 2013 U.S. Claims LEXIS 613 (2013)

Motion denied by Liberty Ammunition, Inc. v. United States, 2014 U.S. Claims LEXIS 574 (Fed. Cl., June 19, 2014)

Findings of fact/conclusions of law at, Judgment entered by Liberty Ammunition, Inc. v. United States, 2014 U.S. Claims LEXIS 1434 (Fed. Cl., Dec. 19, 2014)


pendent jurisdiction, Anti-Assignment Act, patent, bullet, contracts, alleges, subject matter jurisdiction, Lanham Act, Ammunition, assigned, motion to dismiss, courts, waive, district court, federal claim, unfair-competition, entities, grounds, confidential information, original jurisdiction, sole proprietorship, Tucker Act, challenges, infringe, target, cases

Civil Procedure, Jurisdiction, Subject Matter Jurisdiction, General Overview, Jurisdiction Over Actions, Limited Jurisdiction, Governments, Federal Government, Claims By & Against, Defenses, Demurrers & Objections, Motions to Dismiss, Failure to State Claim, Public Contracts Law, Contract Performance, Assignment & Novation, Supplemental Jurisdiction, Pendent Claims