Gill v. United States
Supreme Court of the United States
APPEAL FROM THE COURT OF CLAIMS. This was a suit by Gill to recover of the United States the sum of $94,693.04 upon an implied contract for the use of certain machines covered by letters patent issued to the claimant.
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APPEAL FROM THE COURT OF CLAIMS. This was a suit by Gill to recover of the United States the sum of $94,693.04 upon an implied contract for the use of certain machines covered by letters patent issued to the claimant. The petition alleged in substance that from March, 1864, to March, 1881, the claimant was employed as machinist, foreman, and draftsman at the Erankford Arsenal in the State of Pennsylvania, and since March, 1881, as master armorer at such arsenal, receiving during the term of his employment a per diem compensation for his services. His engagement required him to perform manual…
1Opinion of the CourtJustice Brown
This case raises the question, which has been several times presented to this court, whether an employé paid by salary or wages, who devises an improved method of doing his work,using the property or labor of his employer tó put his invention into practical form, and assenting to the use of such im provements by his employer, may, by taking out a patent upon such invention, recover a royalty or other compensation for such use. In a series of cases, to which fuller reference will be made hereafter, we have held that this could not be done.
The principle is really an application or outgrowth of…
2Cases cited8 opinions
- Pennock v. DialogueSupreme Court of the United States · 1829
- Solomons v. United StatesSupreme Court of the United States · 1890
- Grant v. RaymondSupreme Court of the United States · 1832
- McCLURG v. KINGSLANDSupreme Court of the United States · 1843
- Lane & Bodley Co. v. LockeSupreme Court of the United States · 1893
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3Cited by111 opinions
- Bleistein v. Donaldson Lithographing Co.Supreme Court of the United States · 1903
- United States v. Dubilier Condenser CorpSupreme Court of the United States · 1933
- Standard Parts Co. v. PeckSupreme Court of the United States · 1924
- American Circular Loom Co. v. WilsonMassachusetts Supreme Judicial Court · 1908
- Houghton v. United StatesCourt of Appeals for the Fourth Circuit · 1928
106 more not listed; retrieve them via the Exa API.