Legal Opinion

Bischoff v. Wethered

Supreme Court of the United States

Decided April 30, 1870PublishedCited by 68 opinions

Error to the Circuit Court for the District of Maryland. Bischoff and others brought an action, in the court below, against Wethered, to recover damages for breach of covenant in the assignment of one-fortieth part of an English patent granted to one Newton. The covenant was that the patent was in all respects valid and unimpeachable. The breach complaiued of was that it was null and void.

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Error to the Circuit Court for the District of Maryland. Bischoff and others brought an action, in the court below, against Wethered, to recover damages for breach of covenant in the assignment of one-fortieth part of an English patent granted to one Newton. The covenant was that the patent was in all respects valid and unimpeachable. The breach complaiued of was that it was null and void. The declaration contained certain other counts, namely, the ordinary money coifnts, and a count on a judgment recovered in the Common Pleas, at Westminster Hall, in England. To the latter count the…

1Opinion of the CourtJustice Bradley

As to the first point raised — to wit, the effect of the proceeding in the Common Pleas at Westminster Hall — it is enough to say that it was wholly without jurisdiction of the person, and whatever validity it may have in England, by virtue of statute law, against property of the defendant there situate, it can have no validity here, even of a primd facie character. It is simply null.

The second and principal question in the case raises an important question of practice under the patent law, and deserves to be seriously considered by this court.

It is undoubtedly the common practice of the…

2Cited by68 opinions

  1. MARKMAN Et Al. v. WESTVIEW INSTRUMENTS, INC., Et Al.Supreme Court of the United States · 1996
  2. Herbert Markman and Positek, Inc. v. Westview Instruments, Inc. And Althon Enterprises, Inc.Court of Appeals for the Federal Circuit · 1995
  3. Hilton v. GuyotSupreme Court of the United States · 1895
  4. Haddock v. HaddockSupreme Court of the United States · 1906
  5. Teva Pharm. United States, Inc. v. Sandoz, Inc.Supreme Court of the United States · 2015

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