Ogle v. Ege
U.S. Circuit Court for the District of Pennsylvania
The plaintiffs [Ogle and Witliero] filed their bill on the equity side of the court, setting forth that the plaintiff Ogle is the original inventor of a new and useful improvement in the plough, for which he obtained a patent in the year 1818. That in the year 1S24, he, by deed, and for a valuable consideration, assigned and conveyed to the, other plaintiff all bis exclusive right to the said invention, with the liberty of making, constructing, using, and vending the same to…
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The plaintiffs [Ogle and Witliero] filed their bill on the equity side of the court, setting forth that the plaintiff Ogle is the original inventor of a new and useful improvement in the plough, for which he obtained a patent in the year 1818. That in the year 1S24, he, by deed, and for a valuable consideration, assigned and conveyed to the, other plaintiff all bis exclusive right to the said invention, with the liberty of making, constructing, using, and vending the same to others to be used, in and throughout the state of Pennsylvania, with a power of attorney for those purposes. That the…
1Opinion of the Court
WASHINGTON, Circuit Justice.
As to the first ground for dissolving the injunction, I shall content myself with observing, that whether an assignee of part of a patent, circumscribed as to the interest by local limits, can maintain a suit at law in his own name, or united with the patentee or not (a question unnecessary to be decided in this case); there can exist no doubt but that he may support a suit in equity to enjoin third persons from infringing the patent, and for an account.
2. I take the rule to be, in cases of injunctions in patent cases, that where the bill states a clear right to…
2Cited by3 opinions
- Continental Paper Bag Co. v. Eastern Paper Bag Co.Supreme Court of the United States · 1908
- Brooks v. BicknellU.S. Circuit Court for the District of Ohio · 1843
- Silas Farmer v. Calvert Lithographing, Engraving & Map Publishing Co.U.S. Circuit Court for the District of Eastern Michigan · 1872