Washburn v. Gould
U.S. Circuit Court for the District of Massachusetts
This was an action on the case [by William Washburn and others against James Gould] for the infringement of a patent right for “a new and useful improvement in the method of planing, tonguing, grooving, and cutting into mould-ings, or either, plank, boards, or any other material, and for reducing the same to an equal width and thickness; and also for facing and dressing brick, and cutting mouldings, or facing metallic, mineral or other substances,” and described in the…
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This was an action on the case [by William Washburn and others against James Gould] for the infringement of a patent right for “a new and useful improvement in the method of planing, tonguing, grooving, and cutting into mould-ings, or either, plank, boards, or any other material, and for reducing the same to an equal width and thickness; and also for facing and dressing brick, and cutting mouldings, or facing metallic, mineral or other substances,” and described in the schedule annexed to the letters patent, and forming a part thereof, in the following words: “The plank, boards or other…
1Opinion of the Court
At the trial the following points were made by the counsel for the defendants:
1st That the plaintiffs could not bring the present action, they being merely limited licensees, and not exclusive owners of a right in the patent. That under the existing patent law, the plaintiffs must be either grantees of an undivided interest in the patent, or grantees or owners of the exclusive right in the patent within a given territory. That the term “exclusive,-’ signified the "whole” interest, which the patent conferred, and that the patentee, having reserved to himself, by a clause in the contract with…
2Cited by33 opinions
- MARKMAN Et Al. v. WESTVIEW INSTRUMENTS, INC., Et Al.Supreme Court of the United States · 1996
- Microsoft Corp. v. i4i Ltd. PartnershipSupreme Court of the United States · 2011
- Seymour v. OsborneSupreme Court of the United States · 1871
- Radio Corp. of America v. Radio Engineering Laboratories, Inc.Supreme Court of the United States · 1934
- Richard C. Price v. Dale R. SymsekCourt of Appeals for the Federal Circuit · 1993
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