Glue Co. v. Upton
Supreme Court of the United States
Appeal from the Circuit Court of the United States for the District of Massachusetts. This is a suit in equity by the Milligan and Higgins Glue Company, against George Upton, for the alleged infringement, of reissued letters-patent No. 4072, for an improvement in the manufacture of glue, granted July 12, 1870, to Thomas P. Milligan and Thomas Higgins, assignees of Emerson Goddard, upon the surrender and. cancellation of original letters-patent No. 44,528, issued to the…
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Appeal from the Circuit Court of the United States for the District of Massachusetts. This is a suit in equity by the Milligan and Higgins Glue Company, against George Upton, for the alleged infringement, of reissued letters-patent No. 4072, for an improvement in the manufacture of glue, granted July 12, 1870, to Thomas P. Milligan and Thomas Higgins, assignees of Emerson Goddard, upon the surrender and. cancellation of original letters-patent No. 44,528, issued to the latter Oct. 4,1864. The complainant is the assignee of Milligan and Higgins. The bill prays for an injunction, and for an…
1Opinion of the CourtJustice Field
In the court below, the defendant questioned the validity of the surrender of the original patent and of the reissue; but, from the view we take of the alleged invention or discovery, it is unnecessary to consider this point. We shall treat the reissue as for the same invention or discovery, differing in no substantial particular from that originally patented. In the specification accompanying the reissue, the patentee states that he has invented a new and useful article, which he denominates “instantaneous or comminuted glue;” and then .proceeds to describe the glue of commerce previously…
2Cited by41 opinions
- White Ex Rel. White v. HinesSupreme Court of North Carolina · 1921
- Badische Anilin & Soda Fabrik v. KalleU.S. Circuit Court for the District of Southern New York · 1899
- Minnesota Mining & Mfg. Co. v. CoeCourt of Appeals for the D.C. Circuit · 1938
- Bethlehem Steel Co. v. Churchward International Steel Co.Court of Appeals for the Third Circuit · 1920
- McDowell v. Norfolk Southern RailroadSupreme Court of North Carolina · 1923
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