Originally published October 9 2005
Court rules the federal government can throw out civil cases if deemed a threat to national security
by Mike Adams, the Health Ranger, NaturalNews Editor
A federal appeals court recently ruled in favor of "state secrets privilege," in which the government has the power to kill a civil lawsuit (in this case, using a patented product without paying) if it is deemed a threat to national security.
In a little-noticed opinion this month, a federal appeals court ruled against the Crater Coupler patent holders and upheld a sweeping interpretation of the controversial "state secrets privilege" -- an executive power handed down from the English throne under common law that lets the government effectively kill civil lawsuits deemed a threat to national security, even if the state is not a party to the suit.
As such, it is a potentially worrying development for inventors -- particularly those developing weapons, surveillance and anti-terror technologies for government contractors -- who may find infringement claims dismissed without a hearing under the auspices of national security.
It also offers a fascinating, if limited, view into the machinery of official secrecy at a time when the privilege is being exercised as never before.
French says he and his partners -- Charles Monty and Steven Van Keiren -- got the first inkling of a national security application for the Crater Coupler a decade ago.
While shopping the new design around to "a whole mess of quick-disconnect companies," the trio received an intriguing inquiry from Lucent Technologies, the reincarnation of the legendary Bell Labs research center, and at that time still part of AT&T.
Lucent wanted to evaluate the Crater Coupler for use as a fiber-optic "wetmate" -- an airtight connector for two fiber-optic cables designed to operate underwater.
A Lucent spokesman confirmed that the company had contact with French in 1995, but wouldn't discuss the details, citing government secrecy concerns.
But according to French, the inventors agreed to help Lucent try to adapt the Crater Coupler to the company's needs, with the expectation that Lucent would license the group's patent if it all worked out.
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