Wood-Paper Company v. Heft
Supreme Court of the United States
On motion to dismiss ‘an appeal from the Circuit Court for the Eastern District, of Pennsylvania. The case was thus: In August, 1865, the American Wood-paper Company filed a bill in the court below to enjoin Ileft, Dixon, and other defendants, against infringing certain patents owned by the company for improvements in paper-making; these patents, including one to Watt & Burgess, granted on the 2d July, 1854, the other to- M. A. Miller, on the 26th May, 1857. The answer of…
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On motion to dismiss ‘an appeal from the Circuit Court for the Eastern District, of Pennsylvania. The case was thus: In August, 1865, the American Wood-paper Company filed a bill in the court below to enjoin Ileft, Dixon, and other defendants, against infringing certain patents owned by the company for improvements in paper-making; these patents, including one to Watt & Burgess, granted on the 2d July, 1854, the other to- M. A. Miller, on the 26th May, 1857. The answer of the defendants set up, among other defences: 1st. The want of novelty; and, 2d, that they manufactured paper under…
1Opinion of the CourtJustice Nelson
The case, as it now stands, is this: The complainauts having purchased in the patents under which the suit was defended, own both sides of the subject-matter of this litigation ; and, further, the owuers of the Dixon patents having taken, in consideration for the sale, stock in the complainants’. company, their interest has been transferred .to the side of the complainants.
It is • said) notwithstanding all these negotiations, exchanges, and transfers, the damages for the alleged infringement in the bill have not been compromised. But,, before that question can be reached, as the bill was…
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