US dept hit with record damages over airport security patent
The Transportation Security Administration (TSA) will have to pay damages in excess of $130 million after the US Court of Federal Claims found that the department had infringed an invention used in airport security.
The federal court found in favour of security device company, SecurityPoint, following a decade of litigation, and published the unsealed court findings yesterday, October 25.
SecurityPoint sued the TSA back in 2011, accusing it of infringing US patent number 6,888,460, which claims a method of moving and processing trays with carts in security screening checkpoints.
In August, Judge Eric Bruggink ruled that the TSA used the disputed invention across US airports without authorisation and awarded SecurityPoint more than $100 million in damages.
In addition, the court held that SecurityPoint is also entitled to additional damages for the US government department’s continuing infringement of the patent after the close of fact discovery, which is expected to add at least another $30 million to the award. The amount is believed to be the largest damages award against a US government department.
Historic award
In a statement released by SecurityPoint, the company described the final judgment as “one of the largest awards for patent infringement against the US”.
Joseph Ambrefe, chief executive officer of the Florida-based company and inventor of the patent, said:
“We are gratified that the US Court of Federal Claims recognised the value of our patent-protected invention and ruled the government erred in taking our property without compensation and put it to use across every US airport.
“After a decade of protracted litigation, the court agreed with our position and made the correct decision based on well-established law and the facts of the case.”
In its opinion, the court held that SecurityPoint “carried its burden of proving that its patented method became the default means used by TSA for screening passengers at security checkpoints at all Cat X and Cat I airports.”
Established entitlement
The court also held that SecurityPoint “has established entitlement to a running royalty based on $0.02 per passenger.”
Law firm Sheppard Mullin represented SecurityPoint in the lawsuit, which was led by partners Brad Graveline and Laura Burson.
Commenting on the case, Graveline said: “We are pleased with the court’s opinion and the historic result. We expect the judgment to be the largest patent infringement damages award of its kind against the government.”
Burson, co-lead counsel for SecurityPoint, added: “We are particularly gratified that, after 10 years of litigation, the court recognised the government’s widespread infringement and the value of SecurityPoint’s patent.”
According to the law firm, the damages award eclipses the next largest damages awarded against the government of $114 million in Hughes v Aircraft (1994).
