Byam v. Bullard
U.S. Circuit Court for the District of Massachusetts
At law. This was an action on the case for an infringement of a patent-right for the manufacture of loco-foco matches, belonging to the plaintiffs [Ezekiel Byam and others]. It came before the court on a statement of facts, wherein it was agreed that, before the date of the writ, the defendants [Bullard and others] sold, to an agent of the plaintiffs, who was employed by the plaintiffs to make the purchase, matches, of the value of six cents.
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At law. This was an action on the case for an infringement of a patent-right for the manufacture of loco-foco matches, belonging to the plaintiffs [Ezekiel Byam and others]. It came before the court on a statement of facts, wherein it was agreed that, before the date of the writ, the defendants [Bullard and others] sold, to an agent of the plaintiffs, who was employed by the plaintiffs to make the purchase, matches, of the value of six cents. That such sale, if made to any other person than the plaintiffs, or their agent would have been an infringement of the patent; and the questions…
1Opinion of the Court
CURTIS, Circuit Justice.
The act of July 4, 1836 [5 Stat. 123], § 14, enables patentees and their assignees to bring actions on the case, to recover damages for making, using, or selling the thing, whereof the exclusive right is secured by a patent. Two inquiries arise in this case. The first is, whether, upon the facts stated, the law imports either the damage, or the injury, both which are necessary, by the common law, to support an .action on this case. The second is, whether an action on the case, for the violation of a patent-right, was intended to be given by the patent act, where there…
2Cited by2 opinions
- Big Diamond Mills Co. v. United StatesCourt of Appeals for the Eighth Circuit · 1931
- Lever Bros. v. PasfieldU.S. Circuit Court for the District of Eastern New York · 1898