Galopin

Court of Claims

Galopin

175 Ct. Cl. 892, 1966 U.S. Ct. Cl. LEXIS 257, 1966 WL 1539

CourtUnited States Court of Claims

DecidedApril 1, 1966

DocketNo. 274-65

StatusPublished

This text of 175 Ct. Cl. 892 (Galopin) is published on Counsel Stack Legal Research, covering United States Court of Claims primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Galopin, 175 Ct. Cl. 892, 1966 U.S. Ct. Cl. LEXIS 257, 1966 WL 1539 (cc 1966).

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Opinion

Patents. — Plaintiff sues to recover compensation for the alleged unauthorized and infringing use of an invention described in United States Patent No. 8,177,470, issued on April 6, 1965. The sole act of infringement alleged was a formal public demonstration of the alleged invention at the Spring Joint Computer Conference April 21 to April 23, 1964. Defendant moved to dismiss the petition on the ground that the court lacks jurisdiction of claims for compensation for the unauthorized use of unpatented inventions and notes also that the petition does not allege a contract, express or implied. Upon consideration of defendant’s motion and plaintiff’s opposition thereto and without oral argument, the court concluded that on the basis of its prior order in Galofin v. United States, issued January 18, 1965 (No. 257-64), and the cases cited in that order (Patton v. United States, 110 Ct. Cl. 195, 75 F. Supp. 470 (1948); Fulmer v. United States, 111 Ct. Cl. 591, 77 F. Supp. 927 (1948); Gearon v. United States, 126 Ct. Cl. 548, 115 F. Supp. 910 (1953) ; and Fulmer v. United States, 144 Ct. Cl. 812 (1959)), and on the ground that the petition fails to state a claim within the jurisdiction of the court, plaintiff is not entitled to recover and on April 1,1966, the court ordered that the petition be dismissed.

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Patents. — Plaintiff sues to recover compensation for the alleged unauthorized and infringing use of an invention described in United States Patent No. 8,177,470, issued on April 6, 1965. The sole act of infringement alleged was a formal public demonstration of the alleged invention at the Spring Joint Computer Conference April 21 to April 23, 1964. Defendant moved to dismiss the petition on the ground that the court lacks jurisdiction of claims for compensation for the unauthorized use of unpatented inventions and notes also that the petition does not allege a contract, express or implied. Upon consideration of defendant’s motion and plaintiff’s opposition thereto and without oral argument, the court concluded that on the basis of its prior order in Galofin v. United States, issued January 18, 1965 (No. 257-64), and the cases cited in that order (Patton v. United States, 110 Ct. Cl. 195, 75 F. Supp. 470 (1948); Fulmer v. United States, 111 Ct. Cl. 591, 77 F. Supp. 927 (1948); Gearon v. United States, 126 Ct. Cl. 548, 115 F. Supp. 910 (1953) ; and Fulmer v. United States, 144 Ct. Cl. 812 (1959)), and on the ground that the petition fails to state a claim within the jurisdiction of the court, plaintiff is not entitled to recover and on April 1,1966, the court ordered that the petition be dismissed.

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Bluebook (online)

175 Ct. Cl. 892, 1966 U.S. Ct. Cl. LEXIS 257, 1966 WL 1539, Counsel Stack Legal Research, https://law.counselstack.com/opinion/galopin-cc-1966.

Opinion

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