Fraser v. Gates
Illinois Supreme Court
Appeal from the Appellate Court for the First District;— heard in that court on appeal from the Circuit Court of Cook county; the Hon. M. F. Tuley, Judge, presiding. Philetus W. Gates exhibited his bill in chancery, in the circuit court of Cook county, against David it.
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Appeal from the Appellate Court for the First District;— heard in that court on appeal from the Circuit Court of Cook county; the Hon. M. F. Tuley, Judge, presiding. Philetus W. Gates exhibited his bill in chancery, in the circuit court of Cook county, against David it. Fraser and Thomas Chalmers, in which, among other things, it .is, in substance, alleged that Gates invented a new and useful improved shoe for stamping or pulverizing ores, for which he made application for letters patent; that before the patent was issued, Gates assigned all his right, title and interest in the invention to…
1Opinion of the CourtChief Justice Scholfield
'delivered the opinion of the Court:
Although the question is not free from doubt, we think the-weight of authority is, that in case of joint patentees, neither is liable to account to the other for profits derived from the use of the patent, in the absence of a special agreement providing for such accounting. Washburn & Moen Manufacturing Co. v. Chicago Galvanized Wire Fence Co. 109 Ill. 71; Vose v. Singer Manufacturing Co. 4 Allen, 226; Dewitt v. Elmira Manufacturing Co. 12 N. Y. (5 Hun,) 303; Curtis’ Law of Patents, (4th ed.) secs. 186-191; Bump’s Law of" Patents, 141. But the preponderance…
2Cases cited1 opinion
- Washburn & Moen Manufacturing Co. v. Chicago Galvanized Wire Fence Co.Illinois Supreme Court · 1884
3Cited by8 opinions
- Osgood v. SkinnerAppellate Court of Illinois · 1904
- Balstad v. Solem MacHine Co.Appellate Court of Illinois · 1960
- Hills v. HoppIllinois Supreme Court · 1919
- Chicago Die & Electric Co. v. NathanAppellate Court of Illinois · 1908
- Hodgens v. ShultzAppellate Court of Illinois · 1900
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