A Reliable Liability Shield for Government-Sponsored R&D, Law360
March 16, 2026Partners Matthew Rizzolo and Alexander Hastings and associate Scott Whitman co authored an Expert Analysis for Law360 about the Federal Circuit’s decision in Arlton v. AeroVironment Inc., which reaffirmed that companies performing government directed research and development (R&D) are shielded from patent infringement liability.
The authors analyze how the AeroVironment ruling reinforces Section 1498 as a robust liability shield for federal contractors performing government directed R&D, including work conducted under the small business innovation research and small business technology transfer programs. The article also explores the practical implications of the decision for contractors and patent owners, including the treatment of early stage and prototype R&D, the importance of documenting government authorization and consent, and how the ruling reshapes patent litigation risk in government sponsored innovation.