United States v. Colgate
U.S. Circuit Court for the District of Southern New York
In Equity.
1Opinion of the CourtWheeler, J.
This suit is brought by direction of the attorney general, to repeal letters patent granting exclusive rights to inventions, and has now been heard on a motion fora preliminary injunction to restrain commencement or prosecution of suits for infringement. The patent has expired, and no injunction is asked against assignment of the patent. The' right to maintain such a suit is placed upon the same ground as that to repeal a patent for land. U. S. v. Gunning, 18 Fed. Rep. 511. In a suit to vacate a patent for land it would hardly be claimed that the patentee should be restrained from preventing,…
2Cases cited2 opinions
- United States v. SchurzSupreme Court of the United States · 1880
- United States v. StoneSupreme Court of the United States · 1865
3Cited by2 opinions
- United States v. Marifarms, Inc.District Court, D. Delaware · 1972
- Colgate v. United StatesUnited States Court of Claims · 1929