Legal Opinion

Burr v. Duryee

Supreme Court of the United States

Decided March 28, 1864PublishedCited by 176 opinions

1Opinion of the Court 1

68 U.S. 531 (1863)

1 Wall. 531

BURR

v.

DURYEE.

Supreme Court of United States.

Messrs. Stoughton, Gifford, and Keller, for the complainant.

Messrs. George Harding and Courtland Parker, for defendants.

2Opinion of the Court · GrierJustice Grier

The great question of the case is, whether the Boyden machine infringes the patent originally granted to Wells for his invention; and if not, whether his assignees, by the use or abuse of the right to surrender and reissue their patent, can so expand it as to cover by ex post facto operation, all subsequent inventions.

The original patent to Wells purports to be for "a new and useful improvement in the…

3Cited by176 opinions

  1. Sanitary Refrigerator Co. v. WintersSupreme Court of the United States · 1929
  2. Boyden Power-Brake Co. v. Westinghouse Westinghouse v. Boyden Power-Brake Co.Supreme Court of the United States · 1898
  3. Westinghouse v. Boyden Power Brake Co.Supreme Court of the United States · 1898
  4. Mahn v. HarwoodSupreme Court of the United States · 1884
  5. Hilton Davis Chemical Co. v. Warner-Jenkinson Company, Inc.Court of Appeals for the Federal Circuit · 1995

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