Hendrie v. Sayles
Supreme Court of the United States
Appeal from the Circuit Court of the United States for the Eastern District of Michigan. Lafayette F. Thompson and Asahel G. Bachelder, claiming to be inventors of a railroad brake, executed, before letters-patent were issued to them therefor, the following assignment, which was duly recorded in the Patent Office: — “ Whereas we, Lafayette F. Thompson, of Charlestown, and Asahel G. Bachelder, now or late of Lowell, in the State of Massachusetts, have invented an improved…
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Appeal from the Circuit Court of the United States for the Eastern District of Michigan. Lafayette F. Thompson and Asahel G. Bachelder, claiming to be inventors of a railroad brake, executed, before letters-patent were issued to them therefor, the following assignment, which was duly recorded in the Patent Office: — “ Whereas we, Lafayette F. Thompson, of Charlestown, and Asahel G. Bachelder, now or late of Lowell, in the State of Massachusetts, have invented an improved mode of operating the brakes of railway cars, and have applied, or intend to apply, for letters-patent of the United States…
1Opinion of the CourtJustice Clifeobd
Patents or any interest therein may be assigned by an instrument in writing, and the patentee, his assigns or legal representatives, may in like manner grant and convey an exclusive right under the patent; and where the conveyance precedes the granting of the patent, it may be issued to the assignee, the assignment thereof being first entered of record in the Patent Office. 16 Stat. 202, 203; Rev. Stat., sects. 4895, 4896.
Sufficient appears to show that the complainant claims to be the lawful owner of the patented improvement, which consists of a new mode of operating railroad brakes, and…
2Cases cited3 opinions
- Gayler v. WilderSupreme Court of the United States · 1851
- Railroad Co. v. TrimbleSupreme Court of the United States · 1870
- Wunsch v. McGrawWashington Supreme Court · 1892
3Cited by39 opinions
- Root v. Railway Co.Supreme Court of the United States · 1882
- Filmtec Corporation v. Allied-Signal Inc., and Uop Inc.Court of Appeals for the Federal Circuit · 1991
- Stevens v. MarcoCalifornia Court of Appeal · 1956
- Kenyon v. Automatic Instrument Co.Court of Appeals for the Sixth Circuit · 1947
- Rhone-Poulenc Agro, S.A. (Now Known as Aventis Cropscience Sa) v. Dekalb Genetics Corporation v. Monsanto Company (Now Known as Pharmacia Corporation)Court of Appeals for the Federal Circuit · 2002
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