Pitts v. Hall
U.S. Circuit Court for the District of Northern New York
This was an action on the case for the infringement of letters patent [No. 542] granted to the plaintiffs [John A. and Hiram A. Pitts] in the year 1837, and extended for seven years, in 1851, under the 18th section of the act of July 4,1836 (0 Stat 124). The declaration alleged that the defendant [Joseph Hall] had, unlawfully and without the consent of the plaintiffs, made, used, and vended to others to be used, large numbers of the machines patented to the plaintiffs, in…
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This was an action on the case for the infringement of letters patent [No. 542] granted to the plaintiffs [John A. and Hiram A. Pitts] in the year 1837, and extended for seven years, in 1851, under the 18th section of the act of July 4,1836 (0 Stat 124). The declaration alleged that the defendant [Joseph Hall] had, unlawfully and without the consent of the plaintiffs, made, used, and vended to others to be used, large numbers of the machines patented to the plaintiffs, in violation of the exclusive right granted to the plaintiffs by the letters patent and the extension thereof. The defendant…
1Opinion of the Court
HALL, District Judge.
It was urged, upon the argument of the demurrer, that the agreement set forth in the plea did not, upon any fair construction of its terms, give, or provide for giving, to the defendant any interest in the extended patent; and that the words used, though proper and apt, were none of them proper or apt words to confer any interest in the extended patent. But I cannot doubt that the parties intended, by the language used, to refer to and provide for an extension of the patent under the general patent law. The term “renewal" was, in my judgment, a proper and apt word for…
2Cited by8 opinions
- Carter v. BaileySupreme Judicial Court of Maine · 1874
- Lalance & Grosjean Mfg. Co. v. National Enameling & Stamping Co.District Court, S.D. New York · 1901
- Lalance & Grosjean Mfg. Co. v. Haberman Mfg. Co.U.S. Circuit Court for the District of Southern New York · 1899
- Marsh v. Newark Heating & Ventilating Machine Co.Supreme Court of New Jersey · 1894
- Harrigan v. SmithSupreme Court of New Jersey · 1899
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