Legal Opinion

Marconi Wireless Telegraph Co. of America v. Simon

Supreme Court of the United States

Decided March 4, 1918No. 168PublishedCited by 15 opinions

CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE SECOND CIRCUIT. The case is stated, in the opinion. Prior to the Act of 1910, a patentee had a remedy in the Court of Claims by a suit against the United States for its lawful use of an invention, and a remedy in the Court of Claims or District Courts where his patented rights were taken under the exercise of the power of eminent domain.

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CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE SECOND CIRCUIT. The case is stated, in the opinion. Prior to the Act of 1910, a patentee had a remedy in the Court of Claims by a suit against the United States for its lawful use of an invention, and a remedy in the Court of Claims or District Courts where his patented rights were taken under the exercise of the power of eminent domain. By a tortious or unlawful use of an invention, the United States does not acknowledge or concede that the patentee is entitled to the exclusive rights granted by a patent, or that the United States has…

1Opinion of the CourtChief Justice White

In the spring or early summer of 1915 the Navy-Department submitted its call for proposals to furnish 25 wireless telegraph transmitting sets. The call contained a specification describing the apparatus desired and provided that no bid would be entertained unless the bidden in advance or at the time of his bid submitted a sample of the apparatus which he would furnish under his bid if accepted. Simon, the respondent, who had no .manufacturing establishment, employed a manufacturer of electrical apparatus to make for him a wireless telegraph transmitting set and when it was made submitted it…

2Cases cited5 opinions

  1. Crozier v. Fried. Krupp AktiengesellschaftSupreme Court of the United States · 1912
  2. William Cramp & Sons Ship & Engine Building Co. v. International Curtiss Marine Turbine Co.Supreme Court of the United States · 1913
  3. Lutcher & Moore Lumber Co. v. KnightSupreme Court of the United States · 1910
  4. Brown v. FletcherSupreme Court of the United States · 1915
  5. United States v. RimerSupreme Court of the United States · 1911

3Cited by15 opinions

  1. Yearsley v. W. A. Ross Construction Co.Supreme Court of the United States · 1940
  2. Whitacre Partnership v. Biosignia, Inc.Supreme Court of North Carolina · 2004
  3. Federal Trade Commission v. Travelers Health Ass'nSupreme Court of the United States · 1960
  4. Great Minds v. Office Depot, Inc.Court of Appeals for the Ninth Circuit · 2019
  5. Gerdes v. LustgartenSupreme Court of the United States · 1924

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