Blanchard v. Eldridge
U.S. Circuit Court for the District of Eastern Pennsylvania
At law. Thomas Blanchard had brought a suit, in his own name, at law, and recovered damages for an infringement of a patent he had obtained for turning every kind of irregular forms. [Defendant moves for a new trial.
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At law. Thomas Blanchard had brought a suit, in his own name, at law, and recovered damages for an infringement of a patent he had obtained for turning every kind of irregular forms. [Defendant moves for a new trial. In the course of the trial, the defendant was allowed to show, that prior to the bringing of the suit, Blanchard had assigned to one Carter, “the full and exclusive license, right and permission to have, hold, use and enjoy Blanchard’s patent for turning irregular forms, &c., so far as said improvement is or may be used for tinning shoe lasts, boot and shoe trees and hat blocks,…
1Opinion of the Court
GRIER, Circuit Justice.
The point here raised by the defendant’s counsel is not without its difficulty, and the force of his argument cannot be evaded if his assumption be true, that this deed transfers the legal title to Carter of that portion of the patent, which it purports to vest in him. But if it does not so operate, it cannot be noticed in a court of law and cannot affect the case.
As the grants of the crown were, at common law, construed with the greatest strictness, the privileges granted by a patent for a monopoly, would probably not have been treated as capable of assignment, unless…
2Cited by3 opinions
- Van Orden v. Mayor of NashvilleU.S. Circuit Court for the District of Middle Tennessee · 1895
- Tuttle v. La DowNew York Supreme Court · 1889
- Wilson v. ChickeringU.S. Circuit Court for the District of Massachusetts · 1883