What interested me was the fact of the government's very strange procedural, I call it a gimmick,” Susan Braden, a former chief judge of the U.S. Court of Federal Claims, told Fox News Digital in an interview.
“I'm a former federal judge,” Braden said. “People don't generally just pop up in the middle of a lawsuit unless they want to move to intervene, or they have something at stake in the case that would make them be a party.”
She noted that the Department of Justice (DOJ) has attempted to argue that a government use patent statute – 28 U.S.C. § 1498 – provides the legal basis for taking on patent infringement liability. The statute has generally been invoked by the government in cases related to its purchase of military equipment and, in one case, was used to stockpile an antidote for anthrax, a chemical weapon, in 2001.