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Schillinger v. United States
''Schillinger v. United States'', , is a decision of the United States Supreme Court, holding (7–2, per Justice Brewer) that a suit for patent infringement cannot be entertained against the United States, because patent infringement is a tort and the United States has not waived sovereign immunity for intentional torts.〔Durchslag, Melvyn R. ("State Sovereign Immunity: A Reference Guide to the United States Constitution" ), via Google Books, p. 133, Greenwood Publishing Group, 2002. ISBN 0-313-31348-2. Accessed January 20, 2009.〕〔The United States subsequently waived sovereign immunity for torts committed negligently.〕
== Background ==
A patent issued to John J. Schillinger for an improvement in concrete pavement. Later, the Architect of the Capitol invited proposals for a concrete pavement in the capitol grounds, and entered into a contract for the laying of such pavement according to plans and specifications prepared by the Architect, which did not refer specifically to the patent.
Schillinger then sued under the patent to recover damages from the United States for the wrongful use of the invention in the construction of the pavement. The Court of Claims held that there was no contract, either expressed or implied, on the part of the government for the use of such patent, and dismissed the petition as outside of the jurisdiction of the court.
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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