Société Anonyme des Anciens Etablissements Cail v. United States

Background

A patent owner (the claimant) challenged the United States after the Government used a gas check or obturator in breech-loading cannon. The Court of Claims found for the claimants, and that judgment was affirmed on appeal. The device at issue is described as the De Bange gas check used in large guns for the national defense.

Reasoning

The Court addressed whether the Court of Claims had power to decide a claim for compensation and whether the patent was valid. It explained that an implied contract to pay can arise when the Government uses an invention with the inventor’s assent and with an understanding that payment will be made; those elements can be inferred from the parties’ conduct. The Court found the De Bange device to be excellent, held the patents valid, and concluded the Government’s use infringed the patents. The opinion also cautioned that courts should not substitute certification of raw evidence for the Court of Claims’ factual findings, and that a definite compensation finding becomes final when no objection is preserved.

Real world impact

The decision confirms that inventors of military-related devices can obtain compensation when Government officers acknowledge a royalty claim and use the invention with the inventor’s assent. It also reinforces that patent protection covers uses in different forms or sizes and that strong proof is needed before assuming Government officers intended to take property without pay. Appeals courts will generally act on the Court of Claims’ factual record rather than reweighing evidence.