Use this button to switch between dark and light mode.

Experience a New Era in Legal Research with Free Access to Lexis+

Sheridan v. United States

Sheridan v. United States

United States Court of Federal Claims

February 20, 2015, Filed

No. 14-696C

Opinion

 [*128]  OPINION AND ORDER OF DISMISSAL

WILLIAMS, Judge.

This case comes before the Court on Defendant's motion to dismiss the Complaint. Plaintiff pro se Timothy Sheridan claims that the Government is required to compensate him for the infringement of his patent by numerous private parties. However, Plaintiff has not alleged facts suggesting that the United States itself used or manufactured his claimed invention or authorized or consented to such use or manufacture by any person or entity. Because Plaintiff has failed to allege conduct by the Government subject to this Court's jurisdiction, this action is dismissed.

Background

Plaintiff is both the owner of U.S. Patent No. 7,415,982 (issued Aug. 26, 2008) ("the '982 Patent"), entitled "Smokeless pipe," and inventor of this device. The field of invention generally relates to

a smokeless pipe, and more specifically to a smokeless pipe that utilizes [**2]  a combination of heat generated from a conventional butane lighter and an airstream to provide a noncombustible and nonpyrolytic method for heating and inhaling the active volatile compounds and components of tobacco or other smoking materials without the ingestion of toxic and carcinogenic compounds.

'982 Patent col. 1 ll. 5-12. The invention claimed in the '982 Patent comprises

[a] smokeless pipe for the ingestion of tobacco products which includes an elongated hollow member having a proximal end, a distal end, and a length therebetween. The elongated hollow member includes a constricted portion along its length to retain the tobacco products within, a first opening to enable a user to draw  [*129]  from, a fill port to enable the user to fill the hollow member with tobacco products, and a bulbous chamber.

Id., Abstract. The invention "permits non-combustion with a heat source," and is for "contained convection 'vaporizing.'" Compl. 3. Typical embodiments are sold as vaporizers. Id. at 4. Plaintiff markets a product under the trade name "Ubie" that he alleges is an embodiment of the '982 Patent. Id. at 1.

Read The Full CaseNot a Lexis Advance subscriber? Try it out for free.

Full case includes Shepard's, Headnotes, Legal Analytics from Lex Machina, and more.

120 Fed. Cl. 127 *; 2015 U.S. Claims LEXIS 186 **

TIMOTHY SHERIDAN, Plaintiff, v. THE UNITED STATES, Defendant.

Subsequent History: Affirmed by Sheridan v. United States, 2015 U.S. App. LEXIS 17603 (Fed. Cir., Oct. 8, 2015)

CORE TERMS

infringement, patent, invention, manufacture, consents, alleges, private party, authorization

Civil Procedure, Jurisdiction, Subject Matter Jurisdiction, Jurisdiction Over Actions, Governments, Federal Government, Claims By & Against, Courts, Courts of Claims, International Trade Law, International Commerce & Trade, Federal Legislation, Trade Act of 1974, Business & Corporate Compliance, Infringement Actions, Patent Law, Infringement Actions, International Commerce & Trade, Corporate & Government Infringers