Fuller & Johnson Manufacturing Co. v. Bartlett
Wisconsin Supreme Court
APPEAL from the Circuit Court for Dane County. The following statement of the case was prepared by Mr. Justice Cassoday: This action is to enforce the specific performance of an alleged implied contract to assign to the plaintiff an invention made by the defendant while in the employment of the plaintiff, commenced March 8, 1885, and before procuring the patent.
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APPEAL from the Circuit Court for Dane County. The following statement of the case was prepared by Mr. Justice Cassoday: This action is to enforce the specific performance of an alleged implied contract to assign to the plaintiff an invention made by the defendant while in the employment of the plaintiff, commenced March 8, 1885, and before procuring the patent. The answer, in effect, denied the making of any such contract, and alleged that the defendant was the sole inventor and the exclusive owner of the invention, and entitled to the exclusive use of it. On the trial it appeared from the…
1Opinion of the CourtOassoday, J.
The power to promote the progress of science and the useful arts, by securing for limited times to inventors the exclusive right to their respective discoveries is vested in Congress. Sec. 8, art. I, Const, of U. S. They have enacted, in effect, that any person who has invented or discovered any new and useful machine or improvement thereof, not known or used by others before his invention or discovery thereof, and not in public use or on sale for more than two years prior to his application, unless the same is proved to have been abandoned, may obtain a pat*79ent therefor. See. 4886, R. S. of…
2Cases cited16 opinions
- McCLURG v. KINGSLANDSupreme Court of the United States · 1843
- Agawam Co. v. JordanSupreme Court of the United States · 1869
- Hapgood v. HewittSupreme Court of the United States · 1886
- Hartell v. TilghmanSupreme Court of the United States · 1879
- Collar Co. v. Van DusenSupreme Court of the United States · 1875
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3Cited by21 opinions
- American Circular Loom Co. v. WilsonMassachusetts Supreme Judicial Court · 1908
- Pressed Steel Car Co. v. HansenCourt of Appeals for the Third Circuit · 1905
- Valley Iron Works Manufacturing Co. v. GoodrickWisconsin Supreme Court · 1899
- Rowell v. RowellWisconsin Supreme Court · 1904
- Vail v. HammondSupreme Court of Connecticut · 1891
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