Opinions — Tuesday, March 10, 2026

The Federal Circuit affirmed the Court of Federal Claims' dismissal of Larry Golden's fifth suit alleging government infringement of his patents through the Department of Homeland Security's involvement with cell phone manufacturers. The court dismissed for lack of jurisdiction on two independent grounds: the six-year statute of limitations under 28 U.S.C. § 2501 barred claims based on conduct occurring between 2003 and 2017, and patent infringement cannot be pursued as a Fifth Amendment takings claim. The court also affirmed denial of Golden's motion to disqualify the trial judge.

The decision reinforces the exclusivity of 28 U.S.C. § 1498 as the sole remedy for patent infringement claims against the government, reiterating to Golden that takings jurisdiction under the Tucker Act is unavailable for patent-based claims. The Federal Circuit reviewed the jurisdictional dismissal de novo and the recusal denial for abuse of discretion, declining to reach the Court of Federal Claims' alternative ground for dismissal based on claim preclusion under Rule 12(b)(6). On recusal, the court reiterated that adverse judicial rulings almost never constitute valid grounds for bias or partiality motions.