Eastern Law Reporter Volume 3

Eastern Law Reporter Volume 3

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1907 edition. Excerpt: ...that patent had never been legally assigned to the defendant by the plaintiff or the plaintiffs auteur; that that patent was issued in the name of Ottmar Mergenthaler, and no assignment from Ottmar Mergenthaler was ever acquired by the plaintiff or the plaintifl"s auteur whereby the assignment of said patent and by plaintiff's auteur to defendant was ineffective; that, moreover, said plaintiff neglected and failed to assign to the defendant every patent affected referring to the said machine issued in the United States in breach of the contract with the defendant; that, moreover, the company plaintiff failed to protect the defendant against infringements of the said' patents in Canada, and thereby violated its contract, and the defendant prayed the dismissal of the plaintiff's action with costs. Subsequently the defendant moved to amend its plea by adding that the said patent No. 36,542 had expired long, before the 31st day of May, 1903, by reason of the failure of the plaintiff to pay the renewal fee I the patent office in due time, and that the statement made by said patent oflice that said renewal fee had been paid was false. It was, in fact, proved that the renewal fee in question was mailed in Montreal by a person here in the employ of the defendant to the patent office in Ottawa on the last day allowed by law for the payment of such renewal fee; that it reached Ottawa during that day, but did not come into possession of the proper officer in the patent department until the following day; that by official action in said office it was treated as having been paid on the day on which it was mailed to the address of the patent office, and thereupon the patent was considered as protected by the patent office; that...show more

Product details

  • Paperback | 214 pages
  • 189 x 246 x 11mm | 390g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236963822
  • 9781236963826