Legal Opinion

Jones v. Berger

U.S. Circuit Court for the District of Maryland

Decided November 10, 1893PublishedCited by 11 opinions

In. Equity. Suit by Joshua R Jones, trading as the Rational Publishing Company, against Frederick Berger and others, for infringement of a patent. On objections to sufficiency of the plea.

1Opinion of the Court

MORRIS, District Judge.

The plea avers that from the date of (he patent, July 15, 1890, to the date of making the parol license set up as a defense, to wit, April 27,1892, the defendant did not infringe; and that on April 27, 1892, Christian Jaeger, the then owner of the patent, for a good and sufficient consideration did grant a parol license to the defendants for three years to use the patent for a royalty of 50 cents for each dozen of the patented articles; and that since tire granting of the license to them the defendants have not used the invention otherwise than as authorized by the…

2Cases cited5 opinions

  1. Dalzell v. Dueber Watch Case Manufacturing Co.Supreme Court of the United States · 1893
  2. Hartell v. TilghmanSupreme Court of the United States · 1879
  3. Moore v. MarshSupreme Court of the United States · 1869
  4. Brooks v. ByamU.S. Circuit Court for the District of Massachusetts · 1843
  5. Hamilton v. KingsburyU.S. Circuit Court for the District of Northern New York · 1879

3Cited by11 opinions

  1. Arachnid, Inc., Plaintiff/cross-Appellant v. Merit Industries, Inc.Court of Appeals for the Federal Circuit · 1991
  2. In Re: Cybernetic Services, Inc., D/B/A Silent Radio, Inc., Debtor. Petitioning Creditors Byron Z. Moldo, Chapter 7 Trustee of the Estate of Cybernetic Services, Inc., Dba Silent Radio, Inc. ("Moldo") v. Matsco, Inc., in Re: Cybernetic Services, Inc., D/B/A Silent Radio, Inc., Debtor. Byron Z. Moldo, Chapter 7 Trustee v. Matsco, Inc., and Matsco Financial Corporation, Petitioning CreditorsCourt of Appeals for the Ninth Circuit · 2001
  3. Gate-Way, Inc. v. HillgrenDistrict Court, S.D. California · 1949
  4. Sanofi, S.A. v. Med-Tech Veterinarian Products, Inc.District Court, D. New Jersey · 1983
  5. Keystone Type Foundry v. Fastpress Co.Court of Appeals for the Second Circuit · 1921

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