McKeever v. United States
United States Court of Claims
The Reporters’ statement of the case: The following are the facts as found by the court: I. On the 10th June, 1873, two patents were issued to the claimant, numbered respectively 139816, 139847, as the invention of an improvement in cartridge-boxes. II.
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The Reporters’ statement of the case: The following are the facts as found by the court: I. On the 10th June, 1873, two patents were issued to the claimant, numbered respectively 139816, 139847, as the invention of an improvement in cartridge-boxes. II. On the 1st June, 1874, the Secretary of War, upon the recommendation of the Chief of Ordnance, convened a board of officers to consider, report upon, and recommend the proper equipment of infantry soldiers by the following order: “WAR DEPARTMENT, “ Ad.tutaNT-General’s Opeice, “ Washington, June 1,1874. “A board, to-consist of Lieut. Col. W. R.…
1Opinion of the CourtPott, J.
This is an action brought by a patentee to recover his royalty upon certain cartridge-boxes covered by his letters patent, which were manufactured by the defendants’ Ordnance Department., under an implied license from the jiatentee.
The learned counsel for the defendants resists a recovery upon the ground that letters x>atent do not exclude the government from the free use of a patented invention. He cites, to sustain the proposition, the English cases of Feather v. The Queen (6 B. & S., Q. B., 237) and Dixon v. The London Small Arms Company (10 Law Rep., Q; B., 130, 1874 —’75; 1 Law Rep., Q.…
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