Nicolson Pavement Co. v. Jenkins
Supreme Court of the United States
Error to the Circuit Court for the District of California; the case being thus: On the 8th of August, 1854, Samuel Nicolson obtained letters-patent for an improvement on wooden pavements. On the 1st of December, 1863, he obtained a reissue.
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Error to the Circuit Court for the District of California; the case being thus: On the 8th of August, 1854, Samuel Nicolson obtained letters-patent for an improvement on wooden pavements. On the 1st of December, 1863, he obtained a reissue. He then, December 1st, 1864, made an assignment to Jonathan Taylor thus: “Whereas I, Samuel Nicolson, invented a certain new and useful improvement in wooden pavements, of which letters-patent of the United States of America (numbered 1583 of reissued patents, and bearing date the 1st of December, 1863) have been granted to me, giving to me and my legal…
1Opinion of the CourtJustice Davis
An assignment of an interest in an invention secured by. letters-patent, is a contract, and like all other contracts is to be construed so as to carry out the intention of the parties to it. It is well settled that the title of an inventor to obtain ah extension may be the subject of a contract'of sale, and the inquiry is whether the instrument of sale employed in this case, did secure to the purchaser an interest'not merely in the original letters-patent, but in any subsequent extension of them. It recites .the invention and the agreement of Taylor to purchase the right to use it in ,the…
2Cited by2 opinions
- Tri-Star Electronics International Inc. v. Preci-Dip Durtal SACourt of Appeals for the Federal Circuit · 2010
- Nicolson Pavement Company v. JenkinsSupreme Court of the United States · 1872