28 U.S.C. § 1497 — Oyster growers’ damages from dredging

Page 411 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 1498 1 So in original. Probably should be ‘‘Notwithstanding’’. 1982—Pub. L. 97–164 substituted ‘‘United States Claims Court’’ for ‘‘Court of Claims’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1992 AMENDMENT Amendment by Pub. L. 102–572 effective Oct. 29, 1992, see section 911 of Pub. L. 102–572, set out as a note under section 171 of this title. EFFECTIVE DATE OF 1982 AMENDMENT Amendment by Pub. L. 97–164 effective Oct. 1, 1982, see section 402 of Pub. L. 97–164, set out as a note under section 171 of this title. § 1496. Disbursing officers’ claims The United States Court of Federal Claims shall have jurisdiction to render judgment upon any claim by a disbursing officer of the United States or by his administrator or executor for relief from responsibility for loss, in line of duty, of Government funds, vouchers, records or other papers in his charge. (June 25, 1948, ch. 646, 62 Stat. 941; Pub. L. 97–164, title I, § 133(c)(1), Apr. 2, 1982, 96 Stat. 40; Pub. L. 102–572, title IX, § 902(a)(1), Oct. 29, 1992, 106 Stat. 4516.) HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., § 250(3) (Mar. 3, 1911, ch. 231, § 145, 36 Stat. 1136; June 10, 1921, ch. 18, § 304, 42 Stat. 24). Words ‘‘paymaster, quartermaster, commissary of subsistence, or other,’’ preceding ‘‘disbursing officer of the United States,’’ were omitted. See Henderson v. United States, 1907, 42 Ct.Cl. 449 and Hobbs v. United States, 1881, 17 Ct.Cl. 189, holding that the term ‘‘other disbursing officer’’ extends to any disbursing officer of the executive departments of the Government. Words ‘‘by capture or otherwise’’ were omitted as surplusage. Words ‘‘and for which such officer was and is held re- sponsible,’’ at the end of section 250(3) of title 28, U.S.C., 1940 ed., were omitted as surplusage. Changes were made in phraseology. Editorial Notes AMENDMENTS 1992—Pub. L. 102–572 substituted ‘‘United States Court of Federal Claims’’ for ‘‘United States Claims Court’’. 1982—Pub. L. 97–164 substituted ‘‘United States Claims Court’’ for ‘‘Court of Claims’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1992 AMENDMENT Amendment by Pub. L. 102–572 effective Oct. 29, 1992, see section 911 of Pub. L. 102–572, set out as a note under section 171 of this title. EFFECTIVE DATE OF 1982 AMENDMENT Amendment by Pub. L. 97–164 effective Oct. 1, 1982, see section 402 of Pub. L. 97–164, set out as a note under section 171 of this title. § 1497. Oyster growers’ damages from dredging operations The United States Court of Federal Claims shall have jurisdiction to render judgment upon any claim for damages to oyster growers on pri- vate or leased lands or bottoms arising from dredging operations or use of other machinery and equipment in making river and harbor im- provements authorized by Act of Congress. (June 25, 1948, ch. 646, 62 Stat. 941; Pub. L. 97–164, title I, § 133(c), Apr. 2, 1982, 96 Stat. 40; Pub. L. 102–572, title IX, § 902(a)(1), Oct. 29, 1992, 106 Stat. 4516.) HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., § 250a (Aug. 30, 1935, ch. 831, § 13, 49 Stat. 1049; July 13, 1943, ch. 231, 57 Stat. 553). The proviso at the end of section 250a of title 28, U.S.C., 1940 ed., is incorporated in section 2501 of this title. Words ‘‘river and harbor improvements’’ were sub- stituted for ‘‘such improvements’’, in view of Dixon v. U.S., 103 Ct. Cl. 160, holding that words, ‘‘such improve- ments’’ were not limited to the specific improvements listed in the 1935 act, but applied to any river and har- bor improvements. Changes were made in phraseology. Editorial Notes AMENDMENTS 1992—Pub. L. 102–572 substituted ‘‘United States Court of Federal Claims’’ for ‘‘United States Claims Court’’. 1982—Pub. L. 97–164 substituted ‘‘growers’ ’’ for ‘‘growers,’’ in section catchline, and ‘‘United States Claims Court’’ for ‘‘Court of Claims’’ in text. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1992 AMENDMENT Amendment by Pub. L. 102–572 effective Oct. 29, 1992, see section 911 of Pub. L. 102–572, set out as a note under section 171 of this title. EFFECTIVE DATE OF 1982 AMENDMENT Amendment by Pub. L. 97–164 effective Oct. 1, 1982, see section 402 of Pub. L. 97–164, set out as a note under section 171 of this title. § 1498. Patent and copyright cases (a) Whenever an invention described in and covered by a patent of the United States is used or manufactured by or for the United States without license of the owner thereof or lawful right to use or manufacture the same, the own- er’s remedy shall be by action against the United States in the United States Court of Fed- eral Claims for the recovery of his reasonable and entire compensation for such use and manu- facture. Reasonable and entire compensation shall include the owner’s reasonable costs, in- cluding reasonable fees for expert witnesses and attorneys, in pursuing the action if the owner is an independent inventor, a nonprofit organiza- tion, or an entity that had no more than 500 em- ployees at any time during the 5-year period preceding the use or manufacture of the pat- ented invention by or for the United States. Nothwithstanding 1 the preceding sentences, un- less the action has been pending for more than 10 years from the time of filing to the time that the owner applies for such costs and fees, rea- sonable and entire compensation shall not in- clude such costs and fees if the court finds that the position of the United States was substan-