Goodyear v. Phelps
U.S. Circuit Court for the District of Northern New York
In equity. This was an application [by Charles Goodyear and the New England Car-Spring Company] for a provisional injunction [against Anson G. Phelps and others] to restrain an infringement of letters patent [No. 3,633], granted to Charles Goodyear, June 15th, 1844, and reissued December 25th, 1849 [Nos. 156 and 157], for an “improvement, in India-rubber fabrics.”
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In equity. This was an application [by Charles Goodyear and the New England Car-Spring Company] for a provisional injunction [against Anson G. Phelps and others] to restrain an infringement of letters patent [No. 3,633], granted to Charles Goodyear, June 15th, 1844, and reissued December 25th, 1849 [Nos. 156 and 157], for an “improvement, in India-rubber fabrics.” It appeared that five of the defendants were stockholders in and directors of a Connecticut corporation; that another of the defendants was a stockholder in the corporation, and its secretary and general agent; and that the articles…
1Opinion of the CourtNelson, Circuit Justice
(after disposing of various points raised by the defendants). A point has been made, that the defendants are not liable for the infringement charged, as the only participation alleged in the same is as stockholders of an incorporated company, which company is engaged in manufacturing and selling the patented article. However that may be, it appears that the defendants are either directors of the company, who have the management and superintendence of the business, and under whose direction the articles are manufactured and sold, or are the agents of the same, concerned in conducting the…
2Cited by4 opinions
- Hitchcock v. American Plate Glass Co.Court of Appeals for the Third Circuit · 1919
- Cahoone Barnet Manuf'g Co. v. Rubber & Celluloid Harness Co.U.S. Circuit Court for the District of New Jersey · 1891
- Mergenthaler Linotype Co. v. RidderU.S. Circuit Court for the District of Southern New York · 1895
- Edison Electric Light Co. v. Packard Electric Co.District Court, N.D. Ohio · 1893