Constant v. United States’s Empirical Analysis

Citation profile

1 district ·

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 15 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “§ 183. Right to compensation An applicant * * * whose patent is withheld as herein provided, shall have the right, beginning at the date the applicant is notified that, except for such order, his application is otherwise in condition for allowance, * * * and ending six years after a patent is issued thereon, to apply to the head of any department or agency who caused the order to be issued for compensation for the damage caused by the order of secrecy and/or for the use of the invention by the Government, resulting from his disclosure. [2] The right to compensation for use shall begin on the date of the first use of the invention by the Government. [3] The head of the department or agency is authorized, upon the presentation of a claim, to enter into an agreement with the applicant * * * in full settlement for the damage and/or use. [4] This settlement agreement shall be conclusive for all purposes notwithstanding any other provision of law to the contrary. [5] If full settlement of the claim cannot be effected, the head of the department or agency may award and pay to such applicant * * * a sum not exceeding 75 per centum of the sum which the head of the department or agency considers just compensation for the damage and/or use. [6] A claimant may bring suit against the United States in the Court of Claims or in the District Court of the United States for the district in which such claimant is a resident for an amount which when added to the award shall constitute just compe”

   2 later decisions quote this exact passage
   e.g. American Telephone & Telegraph Co. v. United States · American Telephone & Telegraph Co v. United States

2. “(a) [he] had begun to develop his invention; (b) the subsequent intervention of the secrecy order was a significant cause of the rejection of [his] applications for loans which were necessary for that development; (c) because of the order [he] could not demonstrate to prospective users and licensees that his invention represented a superior technology in the field; (d) because of the order prospective users of his invention would not accept or could not evaluate it, and therefore selected the technologies of competitors, and other potential customers were influenced against [his] system; and (e) [he] invested personal funds in his hobbled and unsuccessful effort to develop, and also expended substantial attorneys fees in his attempts to have the secrecy order rescinded. These allegations are quite sufficient to withstand the Government’s motion to dismiss (though the trial judge may consider it appropriate to call for further particularization and specification).”

   1 later decision quote this exact passage
   e.g. 146 F. Supp. 2d 113 - Weiss v. United States

3. “Some concern was expressed at the House of Representatives committee hearings on the Invention Secrecy Act of 1951, the predecessor of section 183 ..., as to the proper proof of damages under the statute. See, Hearings on H.R. 1687 before Subcommittee No. 3, Committee on the Judiciary, 82d Cong., 1st Sess. 17, 18, 21, 22-23, 28, 32 (August 21, 1951). We think the consensus at the hearings was that neither the courts nor the administrative agencies would permit purely speculative damages, but that there would have to be “real concrete evidence of damage,” (Id. at 32, Statement of P.J. Federico, Examiner-in-Chief, U.S. Patent Office), “actual damages” (Id. at 28, Statement of H. Brown, Chief, Patent Section, Dept, of Justice), proven damages (Id. at 18, 21, 23, Statement of P.A. Rose, representative of the American Patent Law Association), or “perhaps a greater degree of proof or ability to prove damages.” (Id. at 21, Statement of Congressman Willis).”

   1 later decision quote this exact passage
   e.g. 146 F. Supp. 2d 113 - Weiss v. United States