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SMITH v. UNITED STATES

No. 48974.

145 F.Supp. 396 (1956)

John Hays SMITH v. The UNITED STATES.

United States Court of Claims.

October 2, 1956.

Attorney(s) appearing for the Case

Raymond A. Walsh, Washington, D. C., for plaintiff. Bolling R. Powell, Jr., and Richard H. Speidel, Washington, D. C., were on the brief.

E. R. Weisbender, Washington, D. C., with whom was Asst. Atty. Gen. George Cochran Doub, for defendant.

Before JONES, Chief Judge, and LITTLETON, WHITAKER, MADDEN and LARAMORE, Judges.

JONES, Chief Judge.

This is a patent suit. Plaintiff claims that certain airplanes used by the Government are infringements of a patent owned by plaintiff relating to wing structures.

The main issue is validity of the patent in suit over prior domestic and foreign patents, and over a prior public use. This issue is factual. United States v. Esnault-Pelterie, 303 U.S. 26, 58 S.Ct. 412, 82 L.Ed. 625. Our findings describe in detail...

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