New Marshall Engine Co. v. Marshall Engine Co.
Supreme Court of the United States
ERROR TO THE SUPERIOR COURT OF THE STATE OF MASSACHUSETTS. On June 1, 1886, Letters Patent 342,802, were issued to Frank J. Marshall for an improvement in Pulp Beating Engines. Shortly before the patent expired he organized the Marshall Engine Company, and on September 15, 1903, assigned to it the patent and “all improvements thereon and renewals of the same.”
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ERROR TO THE SUPERIOR COURT OF THE STATE OF MASSACHUSETTS. On June 1, 1886, Letters Patent 342,802, were issued to Frank J. Marshall for an improvement in Pulp Beating Engines. Shortly before the patent expired he organized the Marshall Engine Company, and on September 15, 1903, assigned to it the patent and “all improvements thereon and renewals of the same.” Marshall was elected president of the company, but. neglected to have the assignment recorded within the time required by law. It contained, however, a provision for further assurance, and on October. 8, 1904, after the patent had…
1Opinion of the CourtJustice Lamar
’ The Federal courts have exclusive jurisdiction of all cases arising under the patent laws, but nót óf all questions in which a patent may be the subject-matter of the controversy. For courts of a State may try questions of title, and may construe and enforce contracts relating to patents. Wade v. Lawder, 165 U. S. 624, 627. The present litigation belongs to this class. The controlling fact for determination here is whether patent .725,349 belongs to the Marshall Engine Company, of New Jersey, or to the New Marshall Engine Company, of Massachusetts. The complainant did not, by its bill in…
2Cases cited3 opinions
- James G. Wilson v. George A. Sanford and Robert G. MusgroveSupreme Court of the United States · 1851
- Wade v. LawderSupreme Court of the United States · 1897
- Brown v. ShannonSupreme Court of the United States · 1858
3Cited by67 opinions
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- T. B. Harms Company v. Edward Eliscu and Ross Jungnickel, Inc.Court of Appeals for the Second Circuit · 1964
- Hathorn v. LovornSupreme Court of the United States · 1982
- Luckett v. Delpark, Inc.Supreme Court of the United States · 1926
- Geneva Furniture Manufacturing Co. v. S. Karpen & Bros.Supreme Court of the United States · 1915
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