Patent Owners’ Mars Drone Case Missed Mark, Federal Circuit Says

The Federal Circuit rejected a pair of brothers’ attempt to revive their patent suit against a NASA contractor over the first drone to fly on Mars, agreeing with a district court that work on the project was protected from liability since it was done for the federal government.

Paul and David Arlton’s appeal from a summary judgment dismissal argued the government failed to immunize AeroVironment Inc. from suit over development of the drone because NASA previously selected their company, Lite Machines, to develop the underlying technology and the government ran afoul of its statutory obligations when it went with AeroVironment ...