Ushakoff v. United States
United States Court of Claims
327 F.2d 669, 140 U.S.P.Q. 341 (1964)
- Written by Eric Miller, JD
Facts
During World War II, Alexis Ushakoff experimented with the concept of a solar still—a means of distilling sea water into drinking water. Ushakoff later worked as the research director for Higgins Industries (Higgins), during which time he continued working on the solar still. At the outset of his employment, Ushakoff made it clear that he was working on several of his own projects, including the solar still, and that he expected to receive a share of the profits on these inventions. Higgins apparently accepted this condition, though there was no written contract. Ushakoff and Higgins worked with the United States Army Air Corps to develop the solar still. The Air Corps obtained at least one solar still by way of a purchase order with Higgins. After Ushakoff’s employment ended, he secured a patent on the solar still. Ushakoff then brought an infringement action against the United States government (defendant) in the United States Court of Claims. The government asserted that it had been licensed to use the invention.
Rule of Law
Issue
Holding and Reasoning (Per curiam)
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