Suydam v. Day
U.S. Circuit Court for the District of Southern New York
Demurrer to a declaration. The action was case for the infringement of letters patent [No. 1,090]. The plaintiff [David L. Suy-dam] counted on two patents.
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Demurrer to a declaration. The action was case for the infringement of letters patent [No. 1,090]. The plaintiff [David L. Suy-dam] counted on two patents. The first count set forth a patent to Charles Goodyear, assignee of Nathaniel Hayward, granted February 24th, 1839, for an “improvement in the mode of preparing caoutchouc with sulphur, for the manufacture of various articles,” and an assignment by Goodyear to the plaintiff on the 24th of May, 1844, of “the exclusive right, privilege, and license to use the said improvement in the manufacture of shirred or corrugated india-rubber goods,”…
1Opinion of the Court
THE COURT
(NELSON, Circuit Justice, and BETTS, District Judge)
held: (1) Under the patent laws of the United States, an as-signee of a patent must be regarded as acquiring his title to it, with a right of action in his own name, only by force of the statute. (2) Such exclusive right of action exists in favor of a sole assignee only in two cases, namely, where he acquires, by assignment, the whole interest in the patent, or a grant or conveyance of the whole interest within some particular district or territory. (3) Section 11 of the act of 1836. which authorizes the assignment of “the whole…
2Cited by2 opinions
- Tuttle v. La DowNew York Supreme Court · 1889
- Borne Scrymser Co. v. Gaffney Mfg. Co.District Court, W.D. South Carolina · 1933