Gibson v. Woodworth
New York Court of Chancery
' This was an application for an injunction to restrain the defendants from using, or granting to any other person the right to use, a planeing machine in the county of Albany, in virtue of a patent granted to William Woodworth, in November, 1836. The ground upon which relief was sought was, that this patent was an infringement of a right which the complainants claimed they had obtained under a previous patent to Woodworth ; which they alleged to be substantially the same…
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' This was an application for an injunction to restrain the defendants from using, or granting to any other person the right to use, a planeing machine in the county of Albany, in virtue of a patent granted to William Woodworth, in November, 1836. The ground upon which relief was sought was, that this patent was an infringement of a right which the complainants claimed they had obtained under a previous patent to Woodworth ; which they alleged to be substantially the same improvement for which the last patent was obtained. They also claimed the right to the benefit of the last patent for the…
1Opinion of the Court
The Chancellor.
Upon the hearing of this motion I had great doubts whether a state court of equity had jurisdiction to settle the conflicting claims of the parties under these two patents. I therefore gave leave to the complainants to withdraw their application, for the purpose of presenting it to the circuit court of the United States ; which court had an unquestionable jurisdiction of the case, under the seventeenth section of the patent law of July 4, 1836. (Laws of U. S. 1836, p. 242.) But as that suggestion was not acted upon by them, the duty is imposed upon this court of deciding this…
2Cases cited1 opinion
- Parsons v. BarnardNew York Supreme Court · 1810
3Cited by9 opinions
- Nash v. LullMassachusetts Supreme Judicial Court · 1869
- Hovey v. . Rubber Tip Pencil Co.New York Court of Appeals · 1874
- Middlebrook v. . BroadbentNew York Court of Appeals · 1872
- Slemmer's AppealSupreme Court of Pennsylvania · 1868
- Stearns v. United StatesU.S. Circuit Court for the District of Maine · 1840
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