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PATENTS
Review this case carefully and answer the question at the end of the case in detail.
Boeing received a contract from the Air Force to build 10 C-17 Cargo airplanes. The Government issued a change order to the contract to add an upward extension of the wings known as "winglets." These features provided a 10% increase in range with no other changes to the aircraft. The contract for the C- 17 contained the Authorization and Consent clause, and the Patent Indemnity clause.
The aircraft was on display at the Paris Air Show. Gulfstream Aircraft , who attended the show had developed the "winglets" for use on their aircraft, Gulfstream IV, and had a patent on the design. Gulfstream sent a letter to Boeing, declaring patent infringement, and demanded reimbursement for "winglets" used on the C- 17.
Boeing replied that Gulfstream should take up the matter with the Air Force since the contract gave them the authorization and consent to use any patented invention.
QUESTION:
1. Is Boeing's response valid?
Verified Expert
This is a law case study which is related to the study of the patents and the application of the patent law in the air crafts. The major issue in this case is that Boeing had accepted to make the cargo airplane. It didn't look over the laws of patent rights which is stated in the patent indemnity clause of the contract . The section 501 deals with the consolidated patented laws. It has imitated the technology of making winglets of the airplanes which was patented by Gulfstream aircraft. Upon inspection Gulf stream charged Boeing for its unethical acts. It had asked a reimbursement from Boeing. Boeing has responded by saying that the gulfstream aircraft should tell this issue to the Air force who has given them the contract. The law states that they have given an invalid response.
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