Moore v. United States

CourtUnited States Supreme Court
Citation63 L.Ed. 721,39 S.Ct. 322,249 U.S. 487
Docket NumberNo. 278,278
PartiesMOORE v. UNITED STATES
Decision Date14 April 1919

Messrs. Samuel Herrick and Rufus S. Day, both of Washington, D. C., for appellant.

Mr. Assistant Attorney General Frierson, for the United States.

Mr. Justice Clarke delivered the opinion of the Court.

The appellant sued the United States in the Court of Claims to recover compensation for the use, without license or lawful right, of a tool, which was covered by United States letters patent, of which he was the owner. In his amended petition he alleged that during the years 1903 to 1914, inclusive, he invented the tool in question, which was adapted to be used 'as a reefing iron on the decks, sides and bottoms of vessels where wood caulking is done'; that he entered the employment of the government as a wood caulker in a navy yard on March 26, 1913, and continued therein until July 16, 1914; 'that during the month of May, 1914, your petitioner, after expending a great deal of time, labor and study, completed his invention' of the tool afterwards patented; and that during the hours of his employment by the government he did not do any work upon his invention, but that such work as was performed upon it subsequent to March 26, 1913, when he entered the government employ, was performed at his home during his absence from duty in the navy yard. For the extensive use which the government had made of the tool he prayed for compensation, which had been demanded and refused.

The appellant can maintain such a suit, if at all, only by warrant of the act of Congress, approved June 25, 1910 (36 Stat. 851, c. 423 [Comp. St. § 9465]). This act provides that whenever any invention described in and covered by a patent from the United States shall hereafter be used by the United States without the license of the owner thereof or lawful right to use the same, such owner may recover reasonable compensation for such use by suit in the Court of Claims.

Of the three provisos in the act the third one is applicable to this case and reads:

'And provided further, (3) that the benefits of this act shall not inure to any patentee, who, when he makes such claim is in the employment or service of the government of the United States; or the assignee of any such patentee; nor shall this act apply to any device discovered or invented by such employe during the time of his employment or service.'

The appellant was not actually in the employ of the government...

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16 cases
  • Shaw v. Library of Congress
    • United States
    • U.S. Court of Appeals — District of Columbia Circuit
    • 13 November 1984
    ...See generally Miller v. Robertson, 266 U.S. 243, 248, 45 S.Ct. 73, 75, 69 L.Ed. 265, 271 (1924); Moore v. United States, 249 U.S. 487, 489, 39 S.Ct. 322, 323, 63 L.Ed. 721, 722 (1919); United States v. Temple, 105 U.S. (15 Otto) 97, 99, 26 L.Ed. 967, 968 (1882).76 Herren v. Farm Sec. Admin.......
  • Federal Security Adm v. Quaker Oats Co
    • United States
    • U.S. Supreme Court
    • 1 March 1943
    ... ... Raladam Co., 316 U.S. 149, 151, 152, 62 S.Ct. 966, 968, 969, 86 L.Ed. 1336; Pacific States Box & Basket Co. v. White, 296 U.S. 176, 181, 56 S.Ct. 159, 161, 80 L.Ed. 138, 101 A.L.R. 853 ... In United States v. Carolene Products Co., 304 U.S. 144, 149, 150, 58 S.Ct. 778, 781, 782, 82 L.Ed. 1234, we ... ...
  • Zimmerman v. United States Government, 18002.
    • United States
    • U.S. Court of Appeals — Third Circuit
    • 19 February 1970
    ...of rights in an employee invention. Myers v. United States, 177 F.Supp. 952, 953 (Ct.Cl.1959). See Moore v. United States, 249 U.S. 487, 39 S.Ct. 322, 63 L.Ed. 721 (1919). Moreover, the legislative history of the revision confirms the Congressional view that government employees-patentees d......
  • Hill v. United States
    • United States
    • U.S. District Court — Northern District of Texas
    • 17 October 1947
    ...resorting to subtle and forced construction for the purpose of either limiting or extending its operation." Moore v. United States, 249 U.S. 487, 39 S.Ct. 322, 63 L.Ed. 721. Still more to the point, the Supreme Court in Martin v. National Surety Co., supra, says 300 U.S. 588, 57 S.Ct. 534: ......
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