Goodyear v. Beverly Rubber Co.
U.S. Circuit Court for the District of Massachusetts
Bill in equity [by Charles Goodyear and others] to recover damages for the infringement of a patent right. Charles Goodyear was the inventor and patentee of an improved process for the manufacture of India-rubber, and the other complainants were grantees and licensees under him, of the exclusive right of making, using, and vending to others to be used, the said improvement for making clothing.
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Bill in equity [by Charles Goodyear and others] to recover damages for the infringement of a patent right. Charles Goodyear was the inventor and patentee of an improved process for the manufacture of India-rubber, and the other complainants were grantees and licensees under him, of the exclusive right of making, using, and vending to others to be used, the said improvement for making clothing. Letters-patent [No. 3,633] were granted to the first-named complainant on the 15th of June, 1844, for a new and useful improvement in rubber fabrics. On the 25th of December, 1849, a reissue [No. 156]…
1Opinion of the Court
CLIFFORD, Circuit Justice.
Mere formal objections to the right of the complainants to maintain the suit will not be considered at the present time, for the reason that all those objections, even if well taken,.may be obviated by additional proofs; and if ii should appear that the complainants have a meritorious cause of action upon the merits, it would still be competent for the court to allow such 'proofs to be introduced. Two principal questions are presented on the merits, but in the view taken of the case it will only be necessary to examine one of them to determine the controversy.…
2Cited by11 opinions
- Morgan Envelope Co. v. Albany Perforated Wrapping Paper Co.Supreme Court of the United States · 1894
- Bauer & Cie v. O'DonnellSupreme Court of the United States · 1913
- Heaton-Peninsular Button-Fastener Co. v. Eureka Specialty Co.Court of Appeals for the Sixth Circuit · 1896
- Keeler v. Standard Folding Bed Co.Supreme Court of the United States · 1895
- Holiday v. MatthesonU.S. Circuit Court for the District of Southern New York · 1885
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