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Sevenson Envtl. Servs., Inc. v. Shaw Envtl., Inc.

ELR Citation: 37 ELR 20050
Nos. Nos. 2006-1391, -1408, (Fed. Cir., 02/21/2007)

The court upheld a lower court decision dismissing an environmental service company's patent infringement suit against a hazardous waste remediation contractor. The contractor was hired by the U.S. Army Corps of Engineers to clean up a lead-contaminated parcel of land near Colonie, New York. The company, which holds several U.S. patents regarding hazardous waste remediation, claimed that the contractor's methods for treating hazardous waste at the site infringed one of these patents. But because the contractor's use of the method was both "for the Government" and "with the authorization and consent of the Government," it is entitled to government contractor immunity under 28 U.S.C. §1498(a).