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United States v. Esnault-Pelterie, 299 U.S. 201 (1936)

United States v. Esnault-Pelterie

No. 41

Argued October 22, 1936

Decided December 7, 1936

299 U.S. 201


1. In a suit in the Court of Claims to recover damages under the Act of June 25, 1910, for alleged infringement of the plaintiff's patent, the validity of the patent and infringement of it are ultimate facts upon which depends the question of liability. P. 299 U. S. 205.

2. Where, in such a suit, the Court of Claims makes findings of circumstantial facts, but fails to find specifically that the patent was valid or that it was infringed, its judgment for the plaintiff cannot be sustained unless, upon inspection of the findings of fact made, it is plain that they suffice to compel decision of those ultimate issues -- validity and infringement -- in favor of the plaintiff. P. 299 U. S. 206.

3. The failure of the Court of Claims to make specific findings upon the main issues of validity and infringement does not lay upon this Court the duty of examining, analyzing and comparing the circumstantial facts found, to ascertain whether, as a matter of law, they establish validity and infringement. P. 299 U. S. 206.

4. Special findings of fact may not be aided by statements in the conclusions of law or the opinion of the Court of Claims to the effect that the patent is valid and infringed. P. 299 U. S. 206.

81 Ct.Cls. 785 reversed.

Page 299 U. S. 202

Certiorari, 298 U.S. 653, to review an interlocutory judgment of the Court of Claims in favor of the plaintiff in a suit against the United States for infringement of a patent.

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