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MARCONI WIRELESS CO. v. U.S.

No. 369.

320 U.S. 1 (1943)

63 S.Ct. 1393

87 L.Ed. 1731

MARCONI WIRELESS TELEGRAPH COMPANY OF AMERICA v. UNITED STATES.

Supreme Court of United States.

Decided June 21, 1943.

Attorney(s) appearing for the Case

Mr. Stephen H. Philbin, with whom Messrs. Abel E. Blackmar, Jr. and Richard A. Ford were on the brief, for the Marconi Company.

Assistant Attorney General Shea, with whom Solicitor General Fahy and Messrs. Clifton V. Edwards, J.F. Mothershead, Joseph Y. Houghton and Richard S. Salant were on the brief, for the United States.

MR. CHIEF JUSTICE STONE delivered the opinion of the Court.

The Marconi Company brought this suit in the Court of Claims pursuant to 35 U.S.C. § 68, to recover damages for infringement of four United States patents. Two, No. 763,772, and reissue No. 11,913, were issued to Marconi, a third, No. 609,154, to Lodge, and a fourth, No. 803,684, to Fleming. The court held that the Marconi reissue patent was not infringed. It held also that the claims in suit, other...

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