Joseph McKenna

“ We think the cases sustain the principle announced and we concur in it. And the findings demonstrate that it is sustained in the present case. There can be no doubt that the Ordnance Bureau knew that the Stockett design could only be used with the Leibert mechanism, and though declining, as it said, to pass 'on the legal aspect' of such use, it would 'lend its assistance in bringing before the court all documents on hand pertaining to the subject.' This necessarily means that it would accept the decision as a determination of the right of the company and the obligation of the United States. ”

“ There is but one question in the case, and that is the attitude of the Ordnance Bureau, representing the United States, toward the Leibert patent, whether in recognition of it, as contended by the Steel Company, or in opposition to, or, it may be said, in tortious use of, it, as contended by the United States.
We have in other cases expressed our aversion to the latter conclusion, except upon explicit declaration or upon a course of proceedings tantamount to it. A contract, express or implied in fact, must, it is true, be established ”

“ In other words, its attitude was not that of repudiation, not that even of antagonism, but that of submission to and acceptance of the right as it should be declared, and certainly consideration for the rights of inventors, instead of aggression upon them, is a policy of wisdom regarding the purpose of the War Department and, it may be, its necessities. ”