E. W. Bliss Co. v. United States
Supreme Court of the United States
APPEAL PROM THE CIRCUIT COURT OF APPEALS FOR THE SECOND CIRCUIT. ThéT case is stated in the opinion. To furnish a désign, it is necessary to furnish something concrete. So of a device. One cannot exhibit an idea. A device has been defined as a thing “devised or formed by design; a contrivance; an invention.” “Device” meant some contrivance which could be installed in the torpedo.
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APPEAL PROM THE CIRCUIT COURT OF APPEALS FOR THE SECOND CIRCUIT. ThéT case is stated in the opinion. To furnish a désign, it is necessary to furnish something concrete. So of a device. One cannot exhibit an idea. A device has been defined as a thing “devised or formed by design; a contrivance; an invention.” “Device” meant some contrivance which could be installed in the torpedo. The Government has published, by 'the Davison patent and otherwise the nature of the balanced turbine and has therefore waived secrecy. This clause must be construed against the Government because drawn by it.…
1Opinion of the CourtJustice McKenna
Appeal from a decree of the United States Circuit Court of Appeals amending and affirming a decree of the District Court for the Eastern District of New York entered in a suit brought by the United States against appellant (herein referred to as the Bliss Company) restraining the latter from exhibiting or communicating the construction and operation of a torpedo known as the. BHss-Leavitt torpedo.
The controversy turns upon the construction and ap-plicatipn of certain clauses of. the contracts between the Bliss Company and the United States and is not, we think, in broad compass.' In support…
2Cases cited2 opinions
- Hitchman Coal & Coke Co. v. MitchellSupreme Court of the United States · 1916
- Armour Packing Co. v. United StatesSupreme Court of the United States · 1908
3Cited by15 opinions
- United States v. Victor L. Marchetti, (Two Cases)Court of Appeals for the Fourth Circuit · 1972
- Blazon, Inc. v. DeLuxe Game Corp.District Court, S.D. New York · 1965
- Affiliated Enterprises, Inc. v. GruberCourt of Appeals for the First Circuit · 1936
- In Re Loral Corporation, Loral Corporation v. McDonnell Douglas CorporationCourt of Appeals for the Second Circuit · 1977
- Triangle Publications, Inc. v. New England Newspaper Pub. Co.District Court, D. Massachusetts · 1942
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