Legal Opinion

Waterman v. MacKenzie

Supreme Court of the United States

Decided February 2, 1891No. 82PublishedCited by 593 opinions

APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE SOUTHERN DISTRICT OF NEW YORK. This was a bill in equity, filed April 24, 1886, against James A. Mackenzie and Samuel R. Murphy, by Lewis E. Waterman, claiming to be the sole and exclusive owner of a patent granted to him by the United States on February 12, 1884, for an improvement in fountain pens, and of the invention thereby secured; alleging an infringement thereof by the defendants; and praying for an…

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APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE SOUTHERN DISTRICT OF NEW YORK. This was a bill in equity, filed April 24, 1886, against James A. Mackenzie and Samuel R. Murphy, by Lewis E. Waterman, claiming to be the sole and exclusive owner of a patent granted to him by the United States on February 12, 1884, for an improvement in fountain pens, and of the invention thereby secured; alleging an infringement thereof by the defendants; and praying for an injunction, a discovery, an account of ■profits and damages. The defendants filed a plea, which alleged that the plaintiff, at…

1Opinion of the CourtJustice Gray

Every patent issued under the laws of the United States for an invention or discovery contains “ a grant to the patentee, his heirs and assigns, for the term of seventeen years, of the exclusive right to make, use and vend the invention or discovery throughout the United States and the Territories thereof.” Eev. Stat. § 4884. The monopoly thus granted is one entire thing, and cannot be divided .into parts, except as authorized by those laws. The patentee or his assigns may, by instrument in writing, assign, grant and convey, either, 1st, the whole patent, comprising the exclusive right to…

2Cases cited29 opinions

  1. Gayler v. WilderSupreme Court of the United States · 1851
  2. Root v. Railway Co.Supreme Court of the United States · 1882
  3. Conard v. Atlantic Ins. Co. of NYSupreme Court of the United States · 1828
  4. Littlefield v. PerrySupreme Court of the United States · 1875
  5. Casey v. CavarocSupreme Court of the United States · 1878

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3Cited by593 opinions

  1. Zenith Radio Corp. v. Hazeltine Research, Inc.Supreme Court of the United States · 1969
  2. Rite-Hite Corp. v. Kelley Co.Court of Appeals for the Federal Circuit · 1995
  3. Topliff v. TopliffSupreme Court of the United States · 1892
  4. United States v. General Electric Co.Supreme Court of the United States · 1926
  5. Independent Wireless Telegraph Co. v. Radio Corp. of AmericaSupreme Court of the United States · 1926

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