Legal Opinion
Marion B. Robinson v. United States
Court of Appeals for the Second Circuit
Decided July 12, 1956No. 302, Docket 23686PublishedCited by 14 opinions
1Opinion of the Court
LUMBARD, Circuit Judge.
The question for decision is whether a claimant whose invention was used by the Government during a period when issuance of the patent was delayed under an order of secrecy may sue in the District Court under 35 U.S.C.A. § 183 for such use and for damages resulting from the secrecy order even though the Navy Department denied in toto the claim for compensation. Judge Byers dismissed the complaint for lack of jurisdiction. We hold that suit was properly brought in the District Court and accordingly reverse.
The plaintiff alleged in his amended complaint the following…
2Cases cited2 opinions
- Farrand Optical Co. v. United StatesDistrict Court, S.D. New York · 1955
- Gearon v. United StatesUnited States Court of Claims · 1953
3Cited by14 opinions
- Otto Halpern v. United StatesCourt of Appeals for the Second Circuit · 1958
- Farrand Optical Co., Inc. v. The United States of AmericaCourt of Appeals for the Second Circuit · 1963
- Constant v. United StatesUnited States Court of Claims · 1980
- Farrand Optical Co. v. United StatesDistrict Court, S.D. New York · 1959
- American Telephone & Telegraph Co v. United StatesUnited States Court of Claims · 1982
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