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E. W. Bliss Co. v. United States, 253 U.S. 187 (1920)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
E. W. Bliss Co. v. United States, 253 U.S. 187 (1920)
E. W. Bliss Co. v. United States No. 240 Argued March 12, 15, 1920 Decided May 17, 1920 253 U.S. 187
APPEAL FROM THE COURT OF CLAIMS
Syllabus
Petitioner averred that it granted the government’s request for permission to purchase from another certain torpedoes containing a device in which the petitioner claimed patent rights, upon a royalty the amount of which was "to be later settled," and that the government purchased, but it also alleged that negotiations to settle the amount to be paid failed and that petitioner never consented to the use of the patented invention without payment of an amount of royalty which the government refused to pay. Held that no express or implied contract to pay any royalty, cognizable by the Court of Claims under Jud.Code § 145, could be derived from the facts stated. P. 189.
To maintain an infringement suit against the United States under the Act of June 25, 1910, the claimant must have at least such an interest in the patent as, independently of that act, would support a suit against a defendant other than the United States. P. 191.
A grant by a prospective patentee of the "sole and exclusive license" to use the invention for the full term of patents to be procured, on designated articles, only when sold to the United States, the grantee undertaking to pay a royalty on each such article fitted with the invention and the grantor at its own cost to procure patent and to defend "the license to use . . . hereby granted" against infringers is a mere license, and will not sustain a suit for infringement. P. 192.
53 Ct.Clms. 47 affirmed.
The case is stated in the opinion.
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Chicago: U.S. Supreme Court, "Syllabus," E. W. Bliss Co. v. United States, 253 U.S. 187 (1920) in 253 U.S. 187 253 U.S. 188. Original Sources, accessed November 22, 2024, http://originalsources.com/Document.aspx?DocID=1TZJ54SI1DXAGMH.
MLA: U.S. Supreme Court. "Syllabus." E. W. Bliss Co. v. United States, 253 U.S. 187 (1920), in 253 U.S. 187, page 253 U.S. 188. Original Sources. 22 Nov. 2024. http://originalsources.com/Document.aspx?DocID=1TZJ54SI1DXAGMH.
Harvard: U.S. Supreme Court, 'Syllabus' in E. W. Bliss Co. v. United States, 253 U.S. 187 (1920). cited in 1920, 253 U.S. 187, pp.253 U.S. 188. Original Sources, retrieved 22 November 2024, from http://originalsources.com/Document.aspx?DocID=1TZJ54SI1DXAGMH.
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