Hubbell v. United States
Supreme Court of the United States
APPEAL FROM THE COURT OF CLAIMS. This was an appeal from a judgment of the Court of Claims dismissing the petition of William Wheeler Hubbell, who, as patentee of an “ improvement in cartridges,” claimed that the United States had manufactured and used cartridges covered by his patent under an implied contract to pay a reasonable royalty therefor.
Read the full summary
APPEAL FROM THE COURT OF CLAIMS. This was an appeal from a judgment of the Court of Claims dismissing the petition of William Wheeler Hubbell, who, as patentee of an “ improvement in cartridges,” claimed that the United States had manufactured and used cartridges covered by his patent under an implied contract to pay a reasonable royalty therefor. The petition contained, amongst others, the following allegations : That “your petitioner is the first and original inventor of an improvement in cartridges, for which letters patent of the United States were granted to him in due form of law, and,…
1Opinion of the CourtJustice Brown
As the claimant in his petition relies only upon the patent of February 18, 1879, No. 212,313, for an improvement in cartridges, and as the proceedings in the former suit in the Court of Claims were based, in part at least, upon this patent, it will not be necessary to refer to any prior patents.
The only defence we -are cálled upon to consider is that of res adjudieata. As bearing upon this defence the following facts are pertinent:
April 19, 1883, claimant filed his petition in the Court of Claims for a royalty upon cartridges and primers alleged by him to have been manufactured by the United…
2Cited by41 opinions
- United States v. Munsingwear, Inc.Supreme Court of the United States · 1950
- Winters v. LavineCourt of Appeals for the Second Circuit · 1978
- Hubbell v. United StatesSupreme Court of the United States · 1900
- Pharmacia & Upjohn Company v. Mylan Pharmaceuticals, Inc.Court of Appeals for the Federal Circuit · 1999
- Winters v. LavineCourt of Appeals for the Second Circuit · 1978
36 more not listed; retrieve them via the Exa API.