Moore v. United States
United States Court of Claims
The Reporter's statement of the case: Prior to the act in question the United States could not be sued for use of a patented invention except where such use arose upon a contract, express or implied. Belknap v. Sehild, 161 U. S., 10, 16, 17; Schillinger v. United States, 155 U. S., 163; Grosser v. Krupp, 224 U. S., 290. The patent is before the court, being made part of the bill. Fowler v. City of New York, 121 Fed.
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The Reporter's statement of the case: Prior to the act in question the United States could not be sued for use of a patented invention except where such use arose upon a contract, express or implied. Belknap v. Sehild, 161 U. S., 10, 16, 17; Schillinger v. United States, 155 U. S., 163; Grosser v. Krupp, 224 U. S., 290. The patent is before the court, being made part of the bill. Fowler v. City of New York, 121 Fed. Rep., 747; 58 C. C. A., 113. The United States — the real defendant — may, like any other defendant, set up the defense of invalidity of the patent. And it may plead this defense…
1Opinion of the CourtBooth, Judge
This is a suit under the act of June 25, 1910, 36 Stat. Z., 85, for an alleged infringement of a patented article by the United States, acting through the trustees of the Postal Savings System. The issue presented is raised by defendants’ demurrer to the petition. We say petition, for, in view of the state of the record, we treat the pleadings as amended and designate them in accordance with our rules and practice.
Claimant alleges that he is the inventor of a new, useful, and improved certificate of deposit, for which he obtained on June 28, 1904, Letters Patent No. 763778. ’The petition…
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- Munson v. Mayor, Alderman and Commonalty of New York CitySupreme Court of the United States · 1888
- United States Credit System Co. v. American Credit Indemnity Co.Court of Appeals for the Second Circuit · 1893
- Hocke v. New York Cent. & H. R. R. Co.Court of Appeals for the Second Circuit · 1903
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