Arlton v. Aerovironment, Inc., No. 21-2049 (Fed. Cir. Feb. 4, 2026)

From the Opinion

The passage below is extracted verbatim from the opening of the document. It has not been editorially summarized — consult the full opinion for the court's complete reasoning.

Paul and David Arlton (the “Arltons”) appeal from t he district court’s grant of summary judgment, holding that AeroVironment, Inc. (“AeroVironment”) could not be held liable for the patent infringement alleged in the A rltons’ complaint as AeroVironment’s affirmative defense un der 28 U.S.C. § 1498 covered all of its alleged infring ing activ- ities. AeroVironment cross-appeals the district co urt’s de- nial of its motion for attorneys’ fees. We affirm. I The Arltons are the inventors and co-owners of U.S. Pa- tent No.