Boston Store of Chicago v. American Graphophone Co.
Supreme Court of the United States
CERTIFICATE FROM THE CIRCUIT COURT OF APPEALS FOR THE SEVENTH CIRCUIT. The case is stated in the opinion. Whether or not a patentee, in dealing with his monopoly right to sell, owns or retains title to the physical article, is not conclusive as to his intent in disposing of his monopoly right to sell. He may conditionally dispose of the right to sell, even though he had or has no title to the article itself.
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CERTIFICATE FROM THE CIRCUIT COURT OF APPEALS FOR THE SEVENTH CIRCUIT. The case is stated in the opinion. Whether or not a patentee, in dealing with his monopoly right to sell, owns or retains title to the physical article, is not conclusive as to his intent in disposing of his monopoly right to sell. He may conditionally dispose of the right to sell, even though he had or has no title to the article itself. Bement v. Harrow Co., 186 U. S. 70, 88, 91, 92, 93. The principle decided in the Bement Case also supports the proposition that a conditional sale of the article, subject to a reserved…
1Opinion of the CourtChief Justice White
The court below before whom this case is pending, desiring instruction to the end that the duty of deciding the cáuse may be performed, has certified certain facts and propounded questions for solution arising therefrom. The certificate as to some matters of procedure is deficient in specification and looked at from the point of view of the questions which it asks is somewhat wanting in precision. As, however, the matters not specified are not in dispute and the want of precision referred to is not so fundamental as to mislead or confuse, we are of opinion the duty rests upon 'ús to answer…
2Cases cited6 opinions
- Dr. Miles Medical Co. v. John D. Park & Sons Co.Supreme Court of the United States · 1911
- Motion Picture Patents Co. v. Universal Film Manufacturing Co.Supreme Court of the United States · 1917
- Henry v. A. B. Dick Co.Supreme Court of the United States · 1912
- Bobbs-Merrill Co. v. StrausSupreme Court of the United States · 1908
- Bauer & Cie v. O'DonnellSupreme Court of the United States · 1913
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3Cited by87 opinions
- United States v. Colgate & Co.Supreme Court of the United States · 1919
- Business Electronics Corp. v. Sharp Electronics Corp.Supreme Court of the United States · 1988
- United States v. Trenton Potteries Co.Supreme Court of the United States · 1927
- Morton Salt Co. v. G. S. Suppiger Co.Supreme Court of the United States · 1942
- Old Dearborn Distributing Co. v. Seagram-Distillers Corp.Supreme Court of the United States · 1936
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