United States v. Harvey Steel Co.
Supreme Court of the United States
APPEAL FROM THE COURT OF CLAIMS. The facts are stated in the opinion. The Court of Claims ignored the fact that the contract called for the steel company to furnish a patented process and that in so doing it not only warranted the validity of the patent •but made an express agreement that there should be no liability on the part • of the United States for royalties if the patent were judicially declared invalid.
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APPEAL FROM THE COURT OF CLAIMS. The facts are stated in the opinion. The Court of Claims ignored the fact that the contract called for the steel company to furnish a patented process and that in so doing it not only warranted the validity of the patent •but made an express agreement that there should be no liability on the part • of the United States for royalties if the patent were judicially declared invalid. There is no estoppel against the United -States asserting that the patent is invalid. Through the adoption of the process by the Government the company not only received $96,000 but…
1Opinion of the CourtJustice Holmes
This is a claim for royalties upon a contract made between the parties to the suit under the following circumstances: The .Harvey Steel Company is the owner of a patent, numbered 460,262, for a process for hardening armor plates and for armor plates. After careful experiments, made by the Navy Department, before the patent was granted, a contract was made on March 21, 1892, the material elements of which are these: It recited that the company was the owner of the patented rights to a process "known as the 'Harvey process’ for the treatment of armor plate for use in the construction of…
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