Hubbell v. United States
United States Court of Claims
The Reporters’ statement of tbe case: The following are the facts as found by the court: I. April 13,1805, the claimant filed in the caveat archives of the Patent Office of the United States a specification and drawings alleged by him to describe “ a gun to load and fire with great rapidity and effect.” This caveat was prepared the 8th day of February, 1842. The gun described in the caveat was a breech-loading revolving gun, requiring the use of cartridges.
Read the full summary
The Reporters’ statement of tbe case: The following are the facts as found by the court: I. April 13,1805, the claimant filed in the caveat archives of the Patent Office of the United States a specification and drawings alleged by him to describe “ a gun to load and fire with great rapidity and effect.” This caveat was prepared the 8th day of February, 1842. The gun described in the caveat was a breech-loading revolving gun, requiring the use of cartridges. The claim was for the invention of the gun, and also “ the cartridge, as set forth, and firing it by means of a drill.” In this cartridge…
1Opinion of the CourtDavis, J.
The claimant seeks in this action, upon an implied contract (McKeever v. The United States, 14 C. Cls. R., 196; 18 id., 757; Burns v. The United States, 12 Wall., 246), to recover compensation for the manufacture and use by the United States Army of cartridges alleged to be an infringement of his patent issued in 1879.
As it is admitted that the government cartridges were manufactured and used prior to the claimant’s application for the patent in question, it would naturally be inferred either that the invention was not novel or that the government cartridge does not infringe the rights…
2Cases cited4 opinions
- Vance v. CampbellSupreme Court of the United States · 1862
- Schumacher v. CornellSupreme Court of the United States · 1878
- Burns v. United StatesSupreme Court of the United States · 1871
- Boland v. Department of HighwaysWest Virginia Court of Claims · 1982
3Cited by2 opinions
- William Drummond v. Robinson TownshipCourt of Appeals for the Third Circuit · 2021
- Forehand v. United StatesUnited States Court of Claims · 1888