Coakwell v. United States

Plaintiff’s suit is based on an alleged violation, first, of section 42 of Title 35, U. S. C.; and second, of section 1498 of Title 28, U.S. C.

Defendant moves to dismiss the petition as to the alleged violation of section 42 of Title 35 of the United States Code, because it fails to state a cause of action arising under it.1

*442The allegations of the petition should be read with the provisions of section 42 of Title 35 in mind. It reads:

Whenever during a time when the United States is at war the publication of an invention by the granting of a patent might, in the opinion of the Commissioner of…