MacHine Co. v. Murphy
Supreme Court of the United States
• Appeal fr.om tbe Circuit Court of tbe- United States for tbe Eastern District of Missouri. Tbe Union Paper-Bag Machine Company, assignee of William Goodale, to whom letters-patent No. 24,734, for an improvement in machines for making paper-bags, were issued July 12, 1859, and subsequently extended, brought this suit to restrain Merrick Murphy and it. W. Murphy from infringing said letters.
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• Appeal fr.om tbe Circuit Court of tbe- United States for tbe Eastern District of Missouri. Tbe Union Paper-Bag Machine Company, assignee of William Goodale, to whom letters-patent No. 24,734, for an improvement in machines for making paper-bags, were issued July 12, 1859, and subsequently extended, brought this suit to restrain Merrick Murphy and it. W. Murphy from infringing said letters. The respondents justified under letters-patent No. 146,774, issued Jan. 27, 1874, to Merrick Murphy. The court below dismissed the bill, whereupon the complainants appealed here. The remaining facts are…
1Opinion of the CourtJustice Clifford
Rights secured to an inventor by letters-patent are property which consists in the exclusive privilege of making and using the invention, and of vending the same to others to be used, for the period prescribed by the Patent Act; and the provision is, that every patent and any interest therein shall be assignable in law by an instrument in writing. Rev. Stat., sects. 4884, 4898.
Letters-patent No, 24,784, bearing date July 12, 1859, were granted to William Goodale, for new and useful improvements in machinery for making paper-bags, as more fully described in the specification. Patents at that…
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