Clum v. Brewer
U.S. Circuit Court for the District of Massachusetts
This bill was filed by the complainant [William B. Clum], who claimed to be the grantee under Professor Morse, of a certain sectional interest in the state of Massachusetts, under the extended letters-patent, originally granted to Morse, on the twentieth day of June, 1840, and renewed and extended by the commissioner of patents for seven years from the twentieth day of June, 1834 [against Charles H. Brewer and others]. The defendant Smith, by his answer claimed under certain…
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This bill was filed by the complainant [William B. Clum], who claimed to be the grantee under Professor Morse, of a certain sectional interest in the state of Massachusetts, under the extended letters-patent, originally granted to Morse, on the twentieth day of June, 1840, and renewed and extended by the commissioner of patents for seven years from the twentieth day of June, 1834 [against Charles H. Brewer and others]. The defendant Smith, by his answer claimed under certain instruments executed by Morse, set out therein; and the other defendants justified under licenses from Smith. As the…
1Opinion of the Court
CURTIS, Circuit Justice.
Upon the preliminary questions raised in this case, I feel no difficulty. The principal of these is, that, since the letters-patent were extended, there has been no trial of the right, and no such length of possession as lays the foundation for a presumption of its validity. It appears that during the original term of fourteen years, it was decided by the supreme court after full examination of the law and facts, that Morse was the original and first inventor of all that was claimed in his reissued letters-patent, save the subject-matter of the eighth claim, which is…
2Cited by11 opinions
- Blackledge v. Weir & Craig Mfg. Co.Court of Appeals for the Seventh Circuit · 1901
- Milwaukee Electric Railway & Light Co. v. BradleyWisconsin Supreme Court · 1901
- Lalance & Grosjean Mfg. Co. v. National Enameling & Stamping Co.District Court, S.D. New York · 1901
- The Rail-Trailer Co. v. Acf Industries, Inc.Court of Appeals for the Seventh Circuit · 1966
- Lalance & Grosjean Mfg. Co. v. Haberman Mfg. Co.U.S. Circuit Court for the District of Southern New York · 1899
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