Whittemore v. Cutter
U.S. Circuit Court for the District of Massachusetts
This was at) action for the violation of a patent right in a machine for the making of cotton and wool cards. A verdict having been returned against the defendant, he moved for a new trial upon several grounds, which will appear in the opinion of the court.
1Opinion of the Court
STORT, Circuit Justice.
Several objections, which were taken to the opinion of the court delivered to the jury at the trial, have been, argued on the motion for a new trial, and we are now to pronounce as to their validity..
The first objection is founded on the incompetency of the plaintiffs to maintain the present action; one of the plaintiffs being the original patentee, and the other an assignee of a moiety of the patent right, deriving his-title under the patentee. It is contended, that no action will lie in this court for an infringement of a patent right in favor of an assignee, unless…
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