Legal Opinion

Myers v. United States

United States Court of Claims

Decided December 5, 1938No. C-700Published

1Opinion of the CourtBooth, Chief Justice

The plaintiff alleges that the defendant infringed his patent #1226985 granted May 22, 1917, for a Flying Machine. In both the briefs and oral argument the contention is made that plaintiff’s patent is a basic one and plaintiff a ; pioneer inventor. Finding 5 discloses the claims at issue. Ten are relied upon by plaintiff.

Finding 4 depicts in accurate terms, and also discloses by illustrations, plaintiff’s conception of a flying machine and the specified manner of its operation. The facts therein found and the illustrative figures are taken from the patent in suit.

The patent relied upon by…

2Cases cited12 opinions

  1. Chapman v. WintroathSupreme Court of the United States · 1920
  2. United States v. Esnault-PelterieSupreme Court of the United States · 1938
  3. United States v. Swift & Co.Supreme Court of the United States · 1926
  4. Stilz v. United StatesSupreme Court of the United States · 1925
  5. Brothers v. United StatesSupreme Court of the United States · 1919

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