Aiken v. Manchester Print Works
United States Circuit Court
[At law. Action by Walter Aiken against the Manchester Print Works for infringement of patent No. 6,025. Judgment for plaintiff.] Trespass on the case for the alleged infringement of a patent on knitting-machine needles. The action was in the name of the assignee of the patent.
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[At law. Action by Walter Aiken against the Manchester Print Works for infringement of patent No. 6,025. Judgment for plaintiff.] Trespass on the case for the alleged infringement of a patent on knitting-machine needles. The action was in the name of the assignee of the patent. The inventor was James Hibbert; and the original patent was issued to him on the 9th of January, 1S49. Subsequently the inventor deceased, and the patent on the 9th of December, 1S62, was reissued to his administrator, and extended for a further term of seven years. The administrator assigned the patent, and the first…
1Opinion of the Court
CLIFFORD, Circuit Justice.
The proposition of the defendants is, that the sale of the machines implies the right to use the same, and that, when the needles were worn out, so that the machine could not be operated, it carries with it the right to manufacture new ones as the necessary means to enable them to enjoy the right of use implied, by the purchase. Take the question as stated, and it is certainly one of importance, and one which deserves to be carefully considered. Analogous questions, however, have several times been presented to the supreme court, and the views of the court, as…
2Cases cited2 opinions
- Birdsell v. ShaliolSupreme Court of the United States · 1884
- Paper-Bag MacHine Co. v. NixonSupreme Court of the United States · 1882
3Cited by12 opinions
- Morgan Envelope Co. v. Albany Perforated Wrapping Paper Co.Supreme Court of the United States · 1894
- Goodyear Shoe Machinery Co. v. JacksonCourt of Appeals for the First Circuit · 1901
- Shickle, Harrison & Howard Iron Co. v. St. Louis Car-Coupler Co.Court of Appeals for the Eighth Circuit · 1896
- Wagner Typewriter Co. v. F. S. Webster Co.U.S. Circuit Court for the District of Southern New York · 1906
- Morrin v. Robert White Engineering WorksU.S. Circuit Court for the District of Eastern New York · 1905
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