Sanford v. Messer
U.S. Circuit Court for the District of Massachusetts
[Bill in equity by Glover Sanford and others against Matthew Messer and others to restrain alleged infringement of letters-patent [No. 53,927] for an improvement in sewing-machines, granted the complainants, as assignees of Frederick S. Sanford and Dwight Wheeler, April 10, 1866; and for an account.
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[Bill in equity by Glover Sanford and others against Matthew Messer and others to restrain alleged infringement of letters-patent [No. 53,927] for an improvement in sewing-machines, granted the complainants, as assignees of Frederick S. Sanford and Dwight Wheeler, April 10, 1866; and for an account. It was contended for the defendants, amongst other things, that the bill was defective for want of proper • parties plaintiff, the complainants having, before the suit, granted to third parties the exclusive-right to use and vend the patented invention in Massachusetts; thus,’ as was claimed,…
1Opinion of the Court
SHEPLEY, Circuit Judge.
This is a suit in equity founded on letters-patent granted by the United States “for a new and useful improvement in sewing-machines, applicable-to the ordinary sewing-machine, by which it may be adapted to sew sweat-linings into hats without any alteration in the organizations of such machines.”
An objection is made, that the bill is defective for want of parties. Defendants claim, that, since the date of the patent, the plaintiffs have transferred such an interest in the patent, in and for the state of Massachusetts, that they have not the exclusive ownership of the…
2Cited by2 opinions
- Rice v. BossU.S. Circuit Court for the District of Northern New York · 1891
- Wilson v. ChickeringU.S. Circuit Court for the District of Massachusetts · 1883