Restorative Care of America Wins in Foot Orthotics Dispute

Feb 1, 2001 12:00 PM, Richard Park

Clearwater, Fla.

A circuit court judge in Pinellas County has found in favor of defendant Restorative Care of America Inc. in a legal dispute over a licensing agreement for Oscar and Oscar Plus foot orthotics. Monetary damages are still to be determined.

Orthosis Corrective Systems, Pinellas Park, Fla., had sought a declaratory judgment against Clearwater-based Restorative Care for terminating a licensing agreement. Restorative Care countersued, asserting breach of contract, among other things.

According to court documents, Orthosis Corrective Systems was found to be in breach of contract, thereby terminating the license agreement. The court also found that OCS modified RCAI's Oscar and Oscar Plus foot orthotics, selling them under its brand name New Age AFO.

"The court has had the opportunity to review numerous foot orthosis devices and to compare the Oscar line of products with the New Age AFO," wrote Judge Michael Keane in his opinion. "With the exception of a change in color and some slight changes in appearance, the products look virtually identical. ... The summary comparison charts in evidence reflecting the differences between the New Age AFO and the other Oscar devices demonstrate to the court that the New Ago AFO is indeed a modification and not a new product."