Reports of Patent Causes; Decided in the Circuit Courts of the United States Since January 1, 1874 Volume 5

Reports of Patent Causes; Decided in the Circuit Courts of the United States Since January 1, 1874 Volume 5

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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. 1883 edition. Excerpt: ...Gzjford and f. Van Sa///2-oord, for the complainant. Edward N. Dickerson and George L. Robcrls, for the defendants. Tmz AMERICAN DIAMOND ROCK BORING COMPANY 'US. Tm: RUTLAND MARBLE COMPANY ET AL. IN EQUITY. It is proper to enjoin the use, after the expiration of a patent, of machines made for use during the life of the patent, in violation of rights secured by it. The decision to that effect in /I/ncrfmn Diamond fork Boring Co. v. S/uldon, 18 Blatchf. C. C. R., 50, confirmed. (Before wllEELER, ., District of Vermont, May, 1880.) YViiE1: I.1=.R, J. This is a motion to discharge the injunction on account of the expiration of the term of the patent. At the time of the expiration the defendants were using machines made during the term of the patent for use, in violation of the plaintifi"s exclusive rights. It is argued for the defendants, that to continue the restraint upon such machines after the expiration of the term of the patent is, in effect, to extend the term of the patent. The grant to the patentee was of the exclusive right to make, use, and vend to others to be used, the invention during the term. The right to exclude others from making, using and selling, was the essential thing, and really all, that was granted. He had the right to do all these himself to any extent without the grant. The exclusive right was his property. Any making for use during the term was 18 Blatchf. C. C. R., 146. taking from him 'what belonged to him. To permit any others to make or procure such machines during the term, and hold them till the expiration, and then use them freely, as if made after, would be to permit them to make off with so much of his property that the law had guaranteed to him. To restrain the use after the term without...show more

Product details

  • Paperback | 236 pages
  • 189 x 246 x 13mm | 426g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236746139
  • 9781236746139