David Josiah Brewer

“ That the peculiar contrivance used by the government was devised by Adams, one of its employes, and that it differs from the Berdan invention in the use of a spiral instead of a flat spring, in no manner diminishes the patent rights of Berdan or his assignee, the petitioner, or changes the fact that the use made by the government of the extractor ejector was an infringement upon such rights. ”

“ Justice Bradley, speaking for the court, saying: 'No tort was committed, or claimed to have been committed. The government used the claimant's improvements with his consent; and, certainly, with the expectation on his part of receiving a reasonable compensation for the license. ”

“ The war department is early and regularly informed of all improvements and inventions in firearms and ammunition. It is aware of the state of the art at all times, and generally knows of all patents upon firearms as soon as issued. ”

“ The import of these findings is this: That the officers of the government, charged specially with the duty of superintending the manufacture of muskets, regarded Berdan as the inventor of this extractor ejector; that the difference between the spiral and flat spring was an immaterial difference; that, therefore, they were using in the Springfield musket Berdan's invention ”

“ Nor would it be a defense to the action that such person had, subsequent to Berdan's invention, and without knowledge thereof, devised the contrivance which he was using. He would be in the attitude of a subsequent inventor, and the prior inventor is the one who, under the statutes, is entitled to the monopoly. Rev. St. §§ 4884-4886. 'For any one invention but one valid patent can exist; and, of several distinct inventors of the same invention, one only is entitled to receive a grant of the exclusive right. This one is the original and first inventor.' 1 Rob. ”

“ Berdan, as an officer of plaintiffs herein, assignees of his inventions during the period covered by this action, was in constant communication with the ordinance officers, requesting the use of his devices by the government; they knew him as an inventor, and knew his inventions as soon as they were patented. In 1867, it was known that Berdan was at work upon an ejector, and in August, 1868, that he had applied for patents for improvements in firearms; but it does not appear that prior to issue of patent devices protected by letters patent No. 88,436, devices protected by letters patent No. ”

“ During this conversation, the chief of ordnance said, in substance, that he had recommended that some steps should be taken, or some court constituted, for the purpose of determining the value of the various claims for devices used in the Springfield gun, the army officers (in his opinion, he said) being powerless to settle the question.
'Berdan's application for patent No. 88,436 was then pending in the patent office, and Berdan explained generally its features. ”

“ This board recommends the plan of alteration submitted by H. Berdan. This gives the stable breech pin, secures the piece against premature discharge, and involves only a slight change of our present pattern of arms."
'No gun has been bought by the government from defendants [petitioner?] and no gun has been manufactured by the government which is a copy of the gun recommended by the Hancock board.'
Findings 11, 12, and 13 disclose these facts:
' (11) Several models of Springfield arms have been placed in evidence, and as to them we find: The model of 1865 was the Allin gun. ”

“ In support of this contention, reference is made to finding number 22, which contains these statements: 'The cost of manufacturing the extractor ejector now in use (since 1868) is $1.25 per gun less than the cost of manufacturing the Allin device. Several witnesses of high military position, experts in the practical use of arms of this description, and familiar with the cost of manufacturing, have testified to the great value of the extractor ejector device, claimed to be covered (and understood by them to be covered) by patent No. ”

“ United States v. Berdan Firearms Manufacturing Company
These are cross-appeals from a judgment of the court of claims entered December 8, 1890, in favor of the petitioner against the United States, for the sum of $95,004.36. The case as it was presented in the court of claims contained two distinct causes of action, each founded upon a patent issued to Hiram Berdan, and by him assigned to petitioner. The first patent was dated February 27, 1866, being No. 52,925, and entitled 'Improvement in Breech-Loading Firearms.' The second was dated March 30, 1869, being No. ”