Thank You For Submiting Feedback!
United States Claims Court
June 23, 1992, Filed
[***1389] [*367] ORDER
This case is before the court on the parties' cross-motions for partial summary judgment. Plaintiffs claim that the government is liable pursuant to 28 U.S.C. § 1498(a) for alleged patent infringement which occurred during the provision of medical services under the Medicare Act. For the reasons set forth below, the court grants defendant's cross-motion for partial summary judgment and denies plaintiffs' motion for partial summary judgment.
Plaintiff, Lester M. Larson, is the owner of Patent No. 3,490,444, entitled "Thermoplastic Splint or Cast," issued on January 20, 1970, [**2] Patent No. 3,809,600, entitled "Thermoplastic Splint or Cast," issued on May 7, 1974, and Patent Reissue 30,541, entitled "Thermoplastic Splint or Cast," issued on March 10, 1981. These patents cover an apparatus for splints used in treating patients for broken bones, strains, arthritis, and burn injuries. The patents also cover a process for application of the splint to the patient, which is performed by a physician or other medical personnel under specified conditions. The dispute arose when health care providers participating in the government programs of Medicare, Medicaid, and the Civilian Health and Medical Program for the Uniformed Services ("CHAMPUS") used plaintiffs' splints in medical treatment. 1 42 U.S.C. §§ 1395-1395ccc (1988) (Medicare); 42 U.S.C. §§ 1396-1396s (1988) (Medicaid); 42 C.F.R. §§ 400-1004 (1991) (Medicare & Medicaid); 10 U.S.C. §§ 1071-1103 (1988); 32 C.F.R. § 199 (1991) (CHAMPUS). Between 1970 and the present, plaintiffs' splints and casts were used for medical treatment on hundreds of Medicare, Medicaid and CHAMPUS patients. The cost of the splints and casts was reimbursed by Medicare, Medicaid, and CHAMPUS. Plaintiffs seek compensation for alleged [**3] patent infringement by the United States government pursuant to 28 U.S.C. § 1498.
Under 42 U.S.C. §§ 1395h and 1395u, the Secretary of Health and Human Services is given the authority to enter into contracts with carriers and fiscal intermediaries. 2 These contracts are for the purpose of coordination and administration of benefits under parts A and B of subchapter XVIII of the Medicare Act. Part A of Medicare covers inpatient hospital care, inpatient care in a skilled nursing facility following hospital stay, home health care, and hospice care. Part B covers doctor's services, outpatient hospital care, diagnostic tests, durable medical equipment, and ambulance services.
Full case includes Shepard's, Headnotes, Legal Analytics from Lex Machina, and more.
26 Cl. Ct. 365 *; 1992 U.S. Cl. Ct. LEXIS 264 **; 24 U.S.P.Q.2D (BNA) 1388 ***
LESTER M. LARSON and LARSON CORPORATION, Plaintiffs, v. THE UNITED STATES, Defendant, and SMITH & NEPHEW ROLYAN, INC., FRED SAMMONS, INC., WFR/AQUAPLAST CORPORATION, and JOHNSON & JOHNSON ORTHOPAEDICS, INC., Third-Party Defendants.
patented, infringement, splints, reimbursement, plaintiffs', providers, authorization, casts, healthcare provider, patient, patent infringement, Medicare Act, partial summary judgment, contractor, medical procedure, medical treatment, Carrier, genuine
Civil Procedure, Summary Judgment, Entitlement as Matter of Law, Appropriateness, Burdens of Proof, Movant Persuasion & Proof, General Overview, Genuine Disputes, Materiality of Facts, Subject Matter Jurisdiction, Jurisdiction Over Actions, Exclusive Jurisdiction, Governments, Courts, Courts of Claims, Patent Law, Ownership, Jurisdiction, Federal Government, Claims By & Against, Business & Corporate Compliance, Patent Law, Infringement Actions, Corporate & Government Infringers, Infringing Acts, Intent & Knowledge, Jurisdiction & Review, Conveyances, Licenses, Public Health & Welfare Law, Healthcare, Legislation, Interpretation, Public Contracts Law, Contract Performance, Intellectual Property Rights, Patents