Good point re: reimbursement.  However, surely you've noted my description of how patent infringement claims were handled at my previous employers and, for that matter, the US Gov't's stance.

Recognizing your input re: reimbusement, coupled with how things were handled in my experience, I strongly suspect the reason that my employer's approach was consistently successful (as far as I KNOW) was because the patent holder recognized that their probability of success was far better if they just went after the supplier as opposed to suing the US Gov't, or us (Hughes - at the time part of GM).

However, I'm also thinking that just maybe the reimburement method may not apply in patent cases.  When was the last time you heard of a patent infringement case against the US Gov't?  No financial benefit?  Well, they may have benefited in that if the commodity had been supplied by another contractor, it may have cost more (ergo, a financial benefit). Also, Foreign Military Sales (FMS) are quite common. A FMS is where an agency of the USG (e.g., the Army) essentailly sponsors a sale of US-produced weapons/security systems for a foreign entity for an added cost (10-20%) to that entity, thus offerring a level of control for us and expedited delivery for the foreign entity (avoiding Dept. of State reviews/approvals, which can take many months to years before production can/should commence for a Foreign DIRECT Military Sale [FDMS]- we don't build stuff we won't be able to deliver). In such cases there would be a measureable financial benefit to the USG. Further, we do hear of other suits brought against the USG for a myriad of "offenses".  Still further, what entity consumes more product than the USG? It seems patent infringement vulnerability would be extreme, and we'd be hearing of cases all the time - but we don't; nor against USG prime contractors (Lockheed-Martin, Boeing, etc.). But perhaps I'm just ignorant to all the facts, or haven't directed enough attention to such instances.

Darn it, wish I KNEW more!  I may try and contact our old on-site Corporate Patent Attorney (GM, Hughes, then Raytheon). I heard he retired, and may welcome a friendly consultation - and we were always on very good terms at work.

SGE