Milligan & Higgins Glue Co. v. Upton
U.S. Circuit Court for the District of Massachusetts
[Bill in equity for the infringement of reissued letters-patent No. 4,072, July 12, 1S70, for improvement in the manufacture of glue. Complainants charged infringement, and prayed for an account of all such gains and profits as the respondent (George Upton) has thereby made, and for an injunction.
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[Bill in equity for the infringement of reissued letters-patent No. 4,072, July 12, 1S70, for improvement in the manufacture of glue. Complainants charged infringement, and prayed for an account of all such gains and profits as the respondent (George Upton) has thereby made, and for an injunction. Respondent denied the charge of infringement, and set up several other defences upon the merits, as follows: 1. That the original patent wag not the proper subject of a surrender, as it was neither inoperative nor invalid, and that it was not lawfully reissued, as the reissued patent was not for the…
1Opinion of the Court
-CLIFFORD, Circuit Justice.
1. Patentees, ■whenever their patent is inoperative or invalid, by reason of a defective or insuffitient specification, or by reason of the patentee claiming as his own invention more than he had a right to claim, as new, may surrender such patent, if the error arose by inadvertence, accident, or mistake, and without any fraudulent or deceptive intention; and, in that event, it is made the duty of the commissioner, on payment of the duty required by law, to cause a new patent to be issued to the patentee for the same invention, and in accordance with the corrected…
2Cases cited1 opinion
- Glue Co. v. UptonSupreme Court of the United States · 1878
3Cited by3 opinions
- State v. LustbergSupreme Court of New Jersey · 1933
- American Disappearing Bed Co. v. ArnaelsteenCourt of Appeals for the Ninth Circuit · 1910
- Rumford Chemical Works v. New York Baking Powder Co.U.S. Circuit Court for the District of Southern New York · 1903