Legal Opinion

United States v. American Bell Telephone Co.

Supreme Court of the United States

Decided May 24, 1897No. 344PublishedCited by 196 opinions

APPEAL FROM THE COURT OF APPEALS FOR THE FIRST CIRCUIT. On February 1, 1893, the United States filed in the Circuit Court of the United States in and for the District of Massachusetts a bill in equity against the American Bell Telephone Company and Emile Berliner, praying a decree to set aside and cancel patent No. 4-63,569, issued on November 17, 1891, to the telephone company, as assignee of Berliner.

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APPEAL FROM THE COURT OF APPEALS FOR THE FIRST CIRCUIT. On February 1, 1893, the United States filed in the Circuit Court of the United States in and for the District of Massachusetts a bill in equity against the American Bell Telephone Company and Emile Berliner, praying a decree to set aside and cancel patent No. 4-63,569, issued on November 17, 1891, to the telephone company, as assignee of Berliner. Upon amended pleadings and proofs the Circuit Court on January 3, 1895, 65 Fed. Bep. 86, entered a decree as prayed for. On appeal to the Court of Appeals for the First Circuit this decree was…

1Opinion of the CourtJustice Beewer

This is a suit by the United States to set aside a patent for an invention as wrongfully issued. It is, we believe, the first case in this court in which upon proofs such an application has been presented. The right of the United States to maintain such a suit was affirmed in United States v. American Bell Telephone Co., 128 U. S. 315. The question now is whether upon the facts disclosed in this record the relief prayed for ought to be awarded. It becomes, therefore, a matter of moment to determine under what circumstances and upon what conditions the United States are entitled to have a…

2Cases cited42 opinions

  1. United States v. ThrockmortonSupreme Court of the United States · 1878
  2. Topliff v. TopliffSupreme Court of the United States · 1892
  3. Morgan v. DanielsSupreme Court of the United States · 1894
  4. National Bank v. CommonwealthSupreme Court of the United States · 1870
  5. Leavenworth, Lawrence, & Galveston Railroad v. United StatesSupreme Court of the United States · 1876

37 more not listed; retrieve them via the Exa API.

3Cited by196 opinions

  1. United States v. United States Gypsum Co.Supreme Court of the United States · 1948
  2. Herman & MacLean v. HuddlestonSupreme Court of the United States · 1983
  3. Hazel-Atlas Glass Co. v. Hartford-Empire Co.Supreme Court of the United States · 1944
  4. United Drug Co. v. Theodore Rectanus Co.Supreme Court of the United States · 1918
  5. Continental Paper Bag Co. v. Eastern Paper Bag Co.Supreme Court of the United States · 1908

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