Schillinger v. United States, 155 U.S. 163 (1894)

Facts

  • John J. Schillinger held (and later assigned) a patent covering improvements in concrete pavement, including concrete pavement laid in detached blocks and the use of tar paper (or equivalent) between blocks.
  • The Architect of the Capitol contracted with a private contractor to install concrete pavement on the Capitol grounds under government plans and specifications.
  • The government contract did not require use of Schillinger’s patented method and included a clause requiring the contractor to indemnify the United States if patent infringement proceedings were brought.
  • Schillinger and co-claimants alleged the Capitol grounds pavement used their patented invention without compensation and against their protest, and sought damages measured by the government’s “saving or profit.”
  • The Court of Claims dismissed for lack of jurisdiction, finding no express or implied contract by which the United States agreed to use the patent.

Issues

  1. Whether an action seeking compensation from the United States for unauthorized use of a patent falls within the Court of Claims’ jurisdiction over claims founded on the Constitution or on an express or implied contract, or instead is a claim “sounding in tort” (patent infringement) outside its jurisdiction.
  2. Whether the alleged government use of a patented invention through a contractor can be treated, on the petition’s theory and facts, as an implied contract or constitutional taking rather than tortious infringement.

Decision

  • The Supreme Court affirmed the dismissal by the Court of Claims.
  • The Court held the Court of Claims lacked jurisdiction over “a mere tort” claim against the United States.
  • The petition, as pleaded, stated a claim for patent infringement sounding in tort, not a contract claim (express or implied) and not a constitutional takings claim.
  • The United States may not be sued without its consent; Congress may define the scope of any consent, and courts may not extend jurisdiction beyond the statute’s terms.
  • Under the jurisdictional statute governing the Court of Claims, claims “sounding in tort” are excluded even if framed as seeking compensation from the government.
  • Patent infringement is an unauthorized invasion of a legal right and is treated as a tort, not as a claim arising from agreement.
  • Government acceptance of work performed under a contract does not, without more, create an implied contract with a patentee to pay for unlicensed use of a patented invention.
  • A petition alleging wrongful, uncompensated use of a patent and seeking damages for the user’s benefit is tort-like in character; a different question might arise only where the pleadings and facts establish governmental appropriation consistent with a compensable taking or implied contractual obligation.

Conclusion

The Court concluded that the claim was, in substance, patent infringement sounding in tort, and therefore outside the Court of Claims’ jurisdiction absent a clear statutory waiver permitting suit against the United States for such infringement.