Legal Opinion
Smith v. United States
United States Court of Claims
Decided October 2, 1956No. 48974PublishedCited by 5 opinions
1Opinion of the CourtJones, Chief Judge
This is a patent suit. Plaintiff claims that certain airplanes used by the Government are infringements of a patent owned by plaintiff relating to wing structures.
The main issue is validity of the patent in suit over prior domestic and foreign patents, and over a prior public use. This issue is factual. United States v. Esnault-Pelterie, 303 U. S. 26. Our findings describe in detail the structures involved.
Application for the patent in suit, entitled “Aeroplane Structure” and known as the Smith patent, was filed April *4885, 1929, and letters patent were issued October 31, 1933. Plaintiff is tbe…
2Cases cited4 opinions
- Dow Chemical Co. v. Halliburton Oil Well Cementing Co.Supreme Court of the United States · 1945
- United States v. Esnault-PelterieSupreme Court of the United States · 1938
- Gearon v. United StatesUnited States Court of Claims · 1954
- Wilson Athletic Goods Mfg. Co. v. Kennedy Sporting Goods Mfg. Co.District Court, N.D. New York · 1955
3Cited by5 opinions
- Ernest Samuel Nossen and E. S. Nossen Laboratories, Inc. v. The United StatesUnited States Court of Claims · 1969
- Honeywell International, Inc. v. Universal Avionics Systems Corp.District Court, D. Delaware · 2003
- Caldwell v. United StatesUnited States Court of Claims · 1973
- Steven G. Lough v. Brunswick Corporation, D/B/A Mercury MarineCourt of Appeals for the Federal Circuit · 1997
- Steven G. Lough v. Brunswick Corporation, D/B/A Mercury MarineCourt of Appeals for the Federal Circuit · 1997