Gottfried v. Miller
Supreme Court of the United States
Appeal from t-h¿ Circuit Court of tbe United States for the Eastern District of Wisconsim The bill of complaint alleged- that Frederick Miller, the defendant, was infringing -letters-patent No. 42,580,' bearing date May‘3, 1864, and granted to the complainants, Matthew Gottfried and John F. T. Holbeck, for an improvement in a machine for pitching beer barrels. It prayed for an injunction to restrain his further infringement, and for damages and an recount of profits.
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Appeal from t-h¿ Circuit Court of tbe United States for the Eastern District of Wisconsim The bill of complaint alleged- that Frederick Miller, the defendant, was infringing -letters-patent No. 42,580,' bearing date May‘3, 1864, and granted to the complainants, Matthew Gottfried and John F. T. Holbeck, for an improvement in a machine for pitching beer barrels. It prayed for an injunction to restrain his further infringement, and for damages and an recount of profits. The only defence .relied on was that on Nov. 25, 187-2, John H. Stromberg, the owner of an undivided one-third of the entire…
1Opinion of the CourtJustice Woods
The appellant rests his right to a decree in this.case upon these grounds : First, that Stromberg never owned any part of the patent sued on; and, second, that if he did, his ownership could not inure to the protection of the defendant Miller. We shall consider these contentions in the order stated.
Upon the'first point we remark that it'is entirely clear that the assignment of his interest in the patent by Comegys to Stromberg,-dated June 7, 1876, transferred to the latter an interest therein, provided the retransfer of the patent by the Barrel Pitching Machine Company to Holbeck, Smith, and…
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