Belknap v. Schild
Supreme Court of the United States
APPEAL. FROM THE CIRCUÍT COURT OF THE UNITED STATES FOR THE NORTHERN DISTRICT OF CALIFORNIA. This was a bill in equity, filed January 20, 188V, in the Circuit Court of the United States for the Northern District of California, by George Schild against George E. Belknap, Joseph Feaster, Christopher C. Wolcott, and Jesse Diamond, for an infringement of letters patent granted by the United States to the plaintiff on October 23,1883, for an improvement in caisson gates.
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APPEAL. FROM THE CIRCUÍT COURT OF THE UNITED STATES FOR THE NORTHERN DISTRICT OF CALIFORNIA. This was a bill in equity, filed January 20, 188V, in the Circuit Court of the United States for the Northern District of California, by George Schild against George E. Belknap, Joseph Feaster, Christopher C. Wolcott, and Jesse Diamond, for an infringement of letters patent granted by the United States to the plaintiff on October 23,1883, for an improvement in caisson gates. The bill alleged that the defendants, with full knowledge and in violation of the plaintiff’s exclusive right, manufactured and…
1Opinion of the CourtJustice Gray
A recapitulation of the principles heretofore affirmed by this court, touching the liability of the United States, and of their officers and agents, to suit in the judicial tribunals.. will go far towards disposing of this case.
It should be premised that our law differs from that of England as to the right of the government tQ use, without compensation, an invention for which it has granted letters patent.
In England, the grant of a patent for an invention is considered as simply an exercise of the royal prerogative, and not to be construed as precluding the Crown from using the invention at…
2Cases cited43 opinions
- Hans v. LouisianaSupreme Court of the United States · 1890
- Osborn v. Bank of United StatesSupreme Court of the United States · 1824
- United States v. LeeSupreme Court of the United States · 1882
- In Re AyersSupreme Court of the United States · 1887
- Elizabeth v. Pavement Co.Supreme Court of the United States · 1878
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