Allen v. Blunt
U.S. Circuit Court for the District of Southern New York
At law. This was an action of debt, brought [by Ethan Allen] upon a final decree of the circuit court of the United States for the district of Massachusetts, made in j a suit in equity in that court founded upon j letters patent granted to the plaintiff on the i 3d of August, 1844, [No. 461,] for an "im- j provement in the method of constructing j locks for fire-arms.”
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At law. This was an action of debt, brought [by Ethan Allen] upon a final decree of the circuit court of the United States for the district of Massachusetts, made in j a suit in equity in that court founded upon j letters patent granted to the plaintiff on the i 3d of August, 1844, [No. 461,] for an "im- j provement in the method of constructing j locks for fire-arms.” The bill was filed on ; the 24th of June, 1840, against Orison Blunt ¡ and one William I. Syms, for an injunction, ; and for an account of the profits derived j from an alleged infringement of the patent. ¡ It was taken pro…
1Opinion of the Court
NELSON, Circuit Justice.
1. Article 1, § 8, Const. U. S. provides, among other things, that congress shall have power “to promote the progress of science and useful arts, by securing, for limited times, to authors and Inventors, the exclusive right to their respective writings and discoveries” — and “to make all laws which shall be necessary and proper for carrying into execution the foregoing powers.”
The first act of congress carrying into execution the above power was passed on the 10th of April, 1790, (1 Stat. 109.) the fourth section of which provided, that if any person should make or…
2Cited by7 opinions
- Joseph P. Ruth, Sometimes Also Known as J. P. Ruth v. The Eagle-Picher Company, a CorporationCourt of Appeals for the Tenth Circuit · 1955
- Melvin Lloyd Co. v. Stonite Products Co.Court of Appeals for the Third Circuit · 1941
- Venner v. Great Northern Ry. Co.U.S. Circuit Court for the District of Southern New York · 1907
- Cutler v. BonneyMichigan Supreme Court · 1874
- Lovejoy v. Hartford Fire Ins.District Court, N.D. Illinois · 1882
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