Gold & Silver Ore Separating Co. v. United States Disinte-Grating Ore Co.
U.S. Circuit Court for the District of Southern New York
This was a final hearing, on pleadings and proofs. On the 8th of March, 1864, letters patent [No. 41,897] were granted to John B. Gale,' as assignee of William E. Hagan, for an “improvement in stoves.” On the 6th of June, 1805, this patent was surrendered, and reissued, in two separate reissues, to the Hagan Manufacturing Company, and William E. Hagan, as assignees, by mesne, assignments, of William E. Hagan.
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This was a final hearing, on pleadings and proofs. On the 8th of March, 1864, letters patent [No. 41,897] were granted to John B. Gale,' as assignee of William E. Hagan, for an “improvement in stoves.” On the 6th of June, 1805, this patent was surrendered, and reissued, in two separate reissues, to the Hagan Manufacturing Company, and William E. Hagan, as assignees, by mesne, assignments, of William E. Hagan. One of the two, No. 1,988, was for an “improvement in furnaces for treating ores by superheated steam.” On the 3d. of January, 1805, letters patent No. 45,803 were granted to C. V. De…
1Opinion of the CourtBlatchford, District Judge
(after stating the facts). The jurisdiction invoked by the plaintiffs in this case is that conferred by the 16th section of the act of July 4, 1836 (5 Stat. 123), which provides, that, “whenever there shall be two interfering patents, * * * any person interested in any such patent, either by assignment or otherwise, * * * may have remedy by bill in. equity, and the court having cognizance thereof, on notice to adverse parties, and other due proceedings had, may adjudge and declare either the patents void in the whole or in part, or inoperative and invalid in any particular part or portion of…
2Cited by5 opinions
- Nathan Manuf'g Co. v. CraigU.S. Circuit Court for the District of Massachusetts · 1892
- Simplex Railway Appliance Co. v. WandsCourt of Appeals for the Eighth Circuit · 1902
- Lockwood v. CleavelandUnited States Circuit Court · 1881
- Donner v. American Sheet & Tin Plate Co.U.S. Circuit Court for the District of Western Pennsylvania · 1908
- Kelly Well Co. v. Kirschke Concrete Well Co.Court of Appeals for the Eighth Circuit · 1926