Joseph McKenna

“ It is conceded on both sides that there was no infringement of the claimant's patent, and that whatever the government did was done with the consent of the patentee and under his implied license.' We think that an implied contract for compensation fairly arose under the license to use, and the actual use, little or much, that ensued thereon. ”

“ That pursuant to an advertisment by a board of officers convened under the act of Congress, approved February 4, 1881, to select a magazine rifle for the service of the United States, Russell submitted to said board an operative magazine rifle made in accordance with his letters patent, and on or about December 16, 1890, submitted to another board of officers, convened for like purpose, the same rifle. ”

“ It is conceded that a contract must be established to entitle appellants to recover, and it is contended that one is established by the correspondence between the Ordnance Department and Russell in regard to the use of the 'army rifle,' which, it is claimed, contained features of Russell's invention. ”

“ The claimants have always borne true allegiance to the government of the United States, and have not in way aided, abetted, or given encouragement to rebellion against the said government, and they believe the facts hereinabove stated to be true. ”

“ On the one hand, that company may agree to indemnify the United States on account of any patent rights granted by the United States which may affect the manufacture of the guns, in which case your recourse would be to communicate directly with the company. ”

“ I have your letter of the 6th instant, and in reply you are advised that it is not seen how the Patent Office has any jurisdiction in the matter concerning which you write. Questions of infringement can be determined only by the courts. ”

“ When relieved of the downward pressure the gate ascends far enough to prevent egress of cartridges in any other way than sidewise from the magazine mouth into the receiver B' beneath the bridge.
'The bridge M is of peculiar formation on its under and inner surface, and is at one side of the longitudinal center of the barrel and breech-bolt housing. ”

“ In other words, to give the court of claims jurisdiction the demand sued on must be founded on a convention between the parties,-'a coming together of minds.' That there was such 'coming together of minds' is asserted in the case at bar, and United States v. ”