Carrier Corp. v. United States

This case, before the court on defendant’s motion for partial summary judgment, requires us to determine whether the alleged use of plaintiff’s patented invention in the performance of a refuse collection contract was a use by or for the Government within the meaning of 28 U.S.C. § 1498 (a) ,1 Although this is, surprisingly, a case of first impression in this court,2 the legal issues presented have arisen in a number of patent infringement cases in other courts.3

*681Plaintiff, Carrier Corporation, is successor in interest to Dempster Brothers, Inc., and is owner by assignment of patents relating…