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Government Liable For Foreign Sub's Patent Infringement

Client Alert | less than 1 min read | 01.06.04

In Zoltek Corp. v. U.S. (Dec. 9, 2003), Zoltek sued the Government for alleged infringement of a Zoltec process patent for making carbon sheet fiber by a Japanese subcontractor to Lockheed Martin on the F-22 program. The Court of Federal Claims held that, notwithstanding the restriction in 28 U.S.C. §1498(c) precluding recovery for "any [patent] claim arising in a foreign country," Zoltek could recover because such unauthorized use constituted a taking under the fifth amendment that was actionable under the Tucker Act.

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Client Alert | 6 min read | 03.26.24

California Office of Health Care Affordability Notice Requirement for Material Change Transactions Closing on or After April 1, 2024

Starting next week, on April 1st, health care entities in California closing “material change transactions” will be required to notify California’s new Office of Health Care Affordability (“OHCA”) and potentially undergo an extensive review process prior to closing. The new review process will impact a broad range of providers, payers, delivery systems, and pharmacy benefit managers with either a current California footprint or a plan to expand into the California market. While health care service plans in California are already subject to an extensive transaction approval process by the Department of Managed Health Care, other health care entities in California have not been required to file notices of transactions historically, and so the notice requirement will have a significant impact on how health care entities need to structure and close deals in California, and the timing on which closing is permitted to occur....