Woodworth v. Stone
U.S. Circuit Court for the District of Massachusetts
This was the ease of a bill in equity, brought [by William W. Woodworth, administrator] for an infringement of what is commonly called “Woodworth’s Planing Machine.” The bill prayed for an injunction and other relief. Upon an interlocutory hearing a temporary injunction was granted by the district judge.
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This was the ease of a bill in equity, brought [by William W. Woodworth, administrator] for an infringement of what is commonly called “Woodworth’s Planing Machine.” The bill prayed for an injunction and other relief. Upon an interlocutory hearing a temporary injunction was granted by the district judge. Pending the proceedings, the patent was surrendered on account of a defect in the specification, and a new patent was granted; and upon this new patent a supplemental bill was filed against the defendant [Joel Stone] for the continuance of the injunction and other relief. now moved to…
1Opinion of the Court
STORY, Circuit Justice.
If the present ease had stood merely upon the original bill, it appears to me clear, that the motion to dissolve the injunction granted upon that bill, ought to prevail, because, by the surrender of the patent, upon which that bill is founded, the right to maintain the same would *594be entirely gone. I agree that it is not in the power of the patentee, by a surrender of his patent, to affect the rights of third persons, to whom he has previously, by assignment, passed his interest in the whole or a part of the patent, without the consent of such assignees. But, here, the…
2Cited by8 opinions
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- Moneyweight Scale Co. v. Toledo Computing Scale Co.Court of Appeals for the Seventh Circuit · 1912
- National Meter Co. v. Thomson Meter Co.U.S. Circuit Court for the District of Southern New York · 1900
- California Electrical Works v. HenzelU.S. Circuit Court for the District of Northern California · 1891
- Sherman v. NuttU.S. Circuit Court for the District of Connecticut · 1888
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