Legal Opinion

Copeland v. Eaton

Massachusetts Supreme Judicial Court

Decided May 19, 1911PublishedCited by 6 opinions

Bill in equity, filed in the Superior Court on August 9, 1909, seeking to compel the defendants to convey to the plaintiff a certain interest in a patent and in the profits from the manufacture of the patented machine, in accordance with what the plaintiff alleged to be the meaning of a contract between the parties, which is described in the opinion; also a Cross bill in which the defendants sought an accounting from the plaintiff under the terms of the contract.

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Bill in equity, filed in the Superior Court on August 9, 1909, seeking to compel the defendants to convey to the plaintiff a certain interest in a patent and in the profits from the manufacture of the patented machine, in accordance with what the plaintiff alleged to be the meaning of a contract between the parties, which is described in the opinion; also a Cross bill in which the defendants sought an accounting from the plaintiff under the terms of the contract. The case was heard by Richardson, J., and a commissioner was appointed under Equity Rule 35 to take the evidence. The trial judge…

1Opinion of the CourtRugg, J.

This is a suit in equity brought to enforce specifically certain terms of a contract touching letters patent. A cross bill was brought by the defendants asking affirmative relief.

The defendants, being owners of a patent issued by the United States for certain “ machines ” and “ rolls,” entered into an agreement with the plaintiff by which the latter was granted an exclusive license to manufacture and sell the patented devices for a term of five years. Article VII. of the contract regulated in detail the way in which the accounts of the plaintiff while *142exercising the rights of manufacture and…

2Cases cited1 opinion

  1. Dunham v. Indianapolis & St. L. R.U.S. Circuit Court for the Northern District of Illnois · 1876

3Cited by6 opinions

  1. Coleman v. . WhisnantSupreme Court of North Carolina · 1945
  2. Coleman v. WhisnantSupreme Court of North Carolina · 1945
  3. George C. Miller & Co. v. BeagenMassachusetts Supreme Judicial Court · 1935
  4. Chaton Fibre Co. v. EatonMassachusetts Supreme Judicial Court · 1926
  5. First Security Trust Co. v. MitchellMassachusetts Supreme Judicial Court · 1936

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