McKay v. Wooster
U.S. Circuit Court for the District of California
Bill in equity [by David McKay against John B. Wooster and others,] to restrain the infringement of a patent right, by use and sale of a patented case for the transportation •of eggs. ,The following facts appear from the stipulation of the parties filed in the case: On February 20, 1S67, a patent was duly issued to J. L. and G. W. Stevens, of San Francisco, for an “improvement in cases for transporting eggs.”
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Bill in equity [by David McKay against John B. Wooster and others,] to restrain the infringement of a patent right, by use and sale of a patented case for the transportation •of eggs. ,The following facts appear from the stipulation of the parties filed in the case: On February 20, 1S67, a patent was duly issued to J. L. and G. W. Stevens, of San Francisco, for an “improvement in cases for transporting eggs.” In August, 1S72, said patentees, by deed, granted and assigned to H. F. Billings, of Chicago, in the state of Illinois, “for, to and in all the states and territories of the United…
1Opinion of the Court
SAWYER. Circuit Judge
(after stating the facts). Under the view I take, the only question necessary to determine, seems to be precisely tire same decided by Shepley, Circuit Judge, in Adams v. Burke [Case No. 50], viz: “Does the purchase of a patented article, lawfully manufactured, and sold without restriction or condition, within his territory by the territorial assignee of a patent right, convey to the purchaser the right to use or sell the article in another territory, for which another person has. taken an assignment of the same patent?”
The learned judge answers the question in the…
2Cases cited1 opinion
- Coburn v. SchroederU.S. Circuit Court for the District of Southern New York · 1881
3Cited by9 opinions
- Holiday v. MatthesonU.S. Circuit Court for the District of Southern New York · 1885
- California Electrical Works v. FinckU.S. Circuit Court for the District of Northern California · 1891
- Rice v. BossU.S. Circuit Court for the District of Northern New York · 1891
- Hobbie v. JennisonU.S. Circuit Court for the District of Eastern Michigan · 1889
- Jackson v. VaughanU.S. Circuit Court for the District of California · 1896
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