## Facts

- Plaintiffs Alexis E. Ushakoff and Stanley A. Baron owned U.S. Patent No. 2,455,835 (issued Dec. 7, 1948), naming Ushakoff as inventor.
- The patented invention was an inflatable solar still intended for emergency production of drinking water from salt water, designed to occupy minimal space when stored (e.g., for life rafts).
- Plaintiffs sued the United States under 28 U.S.C. § 1498, alleging the government used inflatable solar stills embodying the patented invention without authorization and owed “reasonable and entire compensation.”
- The United States denied liability, asserting (a) the patent was invalid and (b) the government had a license to use the invention.
- The parties agreed to try validity, ownership, and unauthorized use first and defer damages (“accounting”) to later proceedings.
- A trial commissioner issued findings and recommended conclusions; the court adopted the report as the basis for judgment.

## Issues

1. Whether U.S. Patent No. 2,455,835 was valid.
2. Whether plaintiffs were the lawful owners of the patent, unaffected by any superior government rights.
3. Whether the United States used the patented invention without authorization, including whether the government proved a license.
4. If liability existed under 28 U.S.C. § 1498, what temporal limitation applied to recoverable compensation and whether damages would be determined in later proceedings.

## Decision

- The court held Patent No. 2,455,835 valid.
- The court held plaintiffs were the lawful owners of the patent.
- The court held the United States used the patented invention without authorization and that plaintiffs were entitled to recover “reasonable and entire compensation” for unauthorized use occurring within six years before the petition was filed.
- The court reserved the determination of the extent of liability (damages) for further proceedings.

## Legal Principles

- Under 28 U.S.C. § 1498, unauthorized governmental use of a patented invention gives rise to an action for monetary compensation (“reasonable and entire compensation”), not injunctive relief.
- A government claim of authorization based on a license must be supported by proof; an unproven license does not defeat § 1498 liability.
- Patent actions against the United States may be bifurcated, resolving validity, ownership, and unauthorized use before conducting later proceedings to determine compensation.
- Recovery is limited to unauthorized use within the applicable six-year period preceding suit.

## Conclusion

The Court of Claims concluded that the inflatable solar-still patent was valid and owned by plaintiffs, that the United States used the patented invention without a proven license, and that plaintiffs were entitled to § 1498 compensation for unauthorized use within the six-year limitations window, with damages to be determined later.


Ushakoff v. United States, 327 F.2d 669 (Ct. Cl. 1964)