Wade v. Metcalf
Supreme Court of the United States
APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF MASSACHUSETTS. This was a bill in equity, filed December 4, 1880, by William ' W. Wade, a citizen of Massachusetts, against Henry B. Met-calf, a citizen of Rhode Island, and William McCleery, a citizen of Massachusetts, alleging that letters patent, numbered 228,233, granted to the plaintiff June 1, 1880, upon' his application filed July 26,. 1879, for improvements in machines for making buttons, bad been…
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APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF MASSACHUSETTS. This was a bill in equity, filed December 4, 1880, by William ' W. Wade, a citizen of Massachusetts, against Henry B. Met-calf, a citizen of Rhode Island, and William McCleery, a citizen of Massachusetts, alleging that letters patent, numbered 228,233, granted to the plaintiff June 1, 1880, upon' his application filed July 26,. 1879, for improvements in machines for making buttons, bad been infringed by the defendants’ use of forty-eight machines embodying such improvements. At the hearing upon pleadings and…
1Opinion of the CourtJustice Guay
- The decision of this case turns upon § 4899 of the’ Revised Statutes, by which it is enacted that “ every person who purchases of the inventor or discoverer, or with his knowledge and consent constructs any newly invented or 'discovered machine or other patentable article, prior to the application by the inventor or discoverer for a patent, or who sells or uses one so constructed, shall have the right to use and vend to others to be used the specific thing so made or purchased, without liability therefor.”
This section clearly defines four classes of persons who shall have the right to use,…
2Cases cited7 opinions
- Kendall v. WinsorSupreme Court of the United States · 1859
- Bloomer v. McQuewanSupreme Court of the United States · 1853
- Adams v. BurkeSupreme Court of the United States · 1873
- McCLURG v. KINGSLANDSupreme Court of the United States · 1843
- Birdsell v. ShaliolSupreme Court of the United States · 1884
2 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Hobbie v. JennisonSupreme Court of the United States · 1893
- Hartley Pen Co. v. Lindy Pen Co.District Court, S.D. California · 1954
- Jones v. UlrichAppellate Court of Illinois · 1950
- City of Boston v. AllenCourt of Appeals for the First Circuit · 1898
- Dable Grain Shovel Co. v. FlintSupreme Court of the United States · 1890
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