Court
Court of Claims
Decided
Judge
Mr. Chief Justice Taft
Posture
Judgment rendered in favor of the United States
Plaintiff/Appellant (1)
De Forest Radio Telephone Company
v.
Defendant/Appellee (1)
United States
Overview
The judgment of the Court of Claims is affirmed.
Case summary
The De Forest Radio Telephone Company sued the United States for patent infringement. The Court of Claims ruled in favor of the United States. On appeal, the Supreme Court affirmed the judgment, holding that a license to use a patented invention does not require formal language and can be implied through the conduct and consent of the patent owner.
Abstract
A radio telephone company sued the United States for patent infringement. The Court of Claims ruled in favor of the United States, and the Supreme Court affirmed on appeal. The Court held that a license to use a patented invention does not require formal language and can be implied through the conduct and consent of the patent owner.
Opinion of the court
Majority
opinionMr. Chief Justice Taft
opinionMr. Chief Justice Taft
- Formal language is not required for a patent license.
- Consent can be inferred from the patent owner's words and actions.
- A license serves as a valid defense against an infringement suit even if compensation is reserved.
Procedural posture
Posture at trial
Judgment rendered in favor of the United States
Posture on appeal
Direct appeal from the Court of Claims
Legal categories
Business
Case record
Full case name
De Forest Radio Telephone Company v. United States
Docket number
273 U. S. 236
Court
Supreme Court of the United States
Trial court
Court of Claims
Decided
Opinion author
Mr. Chief Justice Taft
Opinion type
published
Precedential status
binding
Judges on panel
Taft
Issues & holdings
Holdings of the court
Whether a formal license is required to authorize the use of a patented article as a defense against an infringement suit.
A license to make and use a patented article does not depend on formal language.
A license may be inferred from the patent owner's words and acts indicative of consent, even when there is a reservation of the right to compensation.
binding precedent
Timeline
No timeline recorded.
Facts & evidence
No factual record available.
Authorities
Legal principles applied
- consent inferred from conduct
Index terms13
Summary terms
Legal concepts
Legal issues
Legal actions
Action type
affirmed
Target
trial court judgment
Context
The Supreme Court affirmed the judgment of the Court of Claims in favor of the United States.
Search facets
Parties
Judges
Taft
Courts
Other recorded fields
Legal actions
Action type
affirmed
Target
Court of Claims judgment
Context
The Supreme Court affirmed the lower court's judgment in favor of the United States, finding that the patent owner's conduct constituted an implied license.