Reports of Cases Arising Upon Letters Patent for Inventions: Determined in the Circuit Courts of the United States, [1848-1873], Band 6R. Clarke & Company, printers, 1874 |
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Häufige Begriffe und Wortgruppen
alleged apparatus application arrangement assignment attached August 20 axles Bachelder bill bolt Clipper Mower combination complainant complainant's patent connection construction cord corn counsel court court of equity curved cushion cutter-bar cutters decree defendant's defendants District drawings driving-wheel Eickemeyer elastic fabrics EQUITY equivalent evidence extended fact filed FINAL hearing finger-bar flanges frame freezing mixture Gear grain ground hat-body held hinged hoop ice-box infringement injunction invention inventor lever license Lignac machine Manufacturing mechanical ment metallic mode of operation mortises motion novelty opinion original patent parties patent for improvement patent granted Patent Office plaintiff plate platform pleadings and proofs produced purpose question rake ratchet-wheel refrigerator reissued letters patent reissued patent result ribs rubber secured September 22 shaft shown side slot Smith machine specification substantially as described Suit brought tenoned testimony third claim tion truck type-wheels upper validity wheel Wheeler
Beliebte Passagen
Seite 321 - ... the same to be held and enjoyed by the said EF, for his own use and behoof, and for the use and behoof of his legal representatives, to the full end of the term for which said letters patent are or may be granted [thus including extension], as fully and entirely as the same would have been held and enjoyed by me had this assignment and sale not been made.
Seite 49 - Whenever, through inadvertence, accident, or mistake, and without any willful default or intent to defraud or mislead the public, a patentee has, in his specification, claimed to be the original and first Inventor or discoverer of any material or substantial part of the thing patented, of which he was not the original and flrst inventor or discoverer, every...
Seite 650 - I think the fair result of the later cases may be thus expressed. If the case is one in which a negative remedy of injunction will do substantial justice between the parties, by obliging the defendant either to carry out his contract or lose all benefit of the breach, and the remedy at law is inadequate, and there is no reason of policy against it, the court will interfere to restrain conduct which is contrary to the contract, although it may be unable to enforce a specific performance of it.
Seite 428 - That whenever any patent which has heretofore been granted, or which shall hereafter be granted, shall be inoperative, or invalid, by reason of a defective or insufficient description or specification, or by reason of the patentee claiming in his specification as his own invention, more than he had or shall have a right to claim as new; if the error has, or shall have arisen by inadvertency, accident, or mistake, and without any fraudulent or deceptive intention...
Seite 333 - But the purchaser of the implement or machine for the purpose of using it in the ordinary pursuits of life stands on different ground. In using it he exercises no rights created by the act of Congress, nor does he derive title to it by virtue of the franchise or exclusive privilege granted to the patentee. The inventor might lawfully sell it to him, whether he had a patent or not, if no other patentee stood in his way.
Seite 102 - ... sameness of effect upon the eye, is the main test of substantial identity of design.
Seite 395 - ... repugnancy between the old and the new patent, that it must be held as matter of legal construction that the new patent is not for the same invention as that embraced and secured in the original patent.
Seite 585 - ... judgment and execution, in the same manner as though this act had not been passed...
Seite 283 - ... upon a decree being rendered in any such case for an infringement the complainant shall be entitled to recover, in addition to the profits to be accounted for by the defendant, the damages the complainant has sustained thereby ; and the court shall assess the same or cause the same to be assessed under its direction.
Seite 637 - The acts of Congress which authorize the grant of patents for designs were plainly intended to give encouragement to the decorative arts. They contemplate not so much utility as appearance, and that, not an abstract impression, or picture, but an aspect given to those objects mentioned in the acts. It is a new and original design...