Aiken v. Dolan
United States Circuit Court
In equity. This was a bill in equity filed to retrain the defendant from infringing letters patent [No. 6,025] for an “improvement in knitting needles,” granted to James Hibbert, January 9,-1849, extended to Peleg Hull, administrator of James Hibbert, deceased, for seven years from January 9, 1863, and on April 22, 1863, assigned to complainant. Two preliminary questions arose upon two papers executed during the original term of the patent.
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In equity. This was a bill in equity filed to retrain the defendant from infringing letters patent [No. 6,025] for an “improvement in knitting needles,” granted to James Hibbert, January 9,-1849, extended to Peleg Hull, administrator of James Hibbert, deceased, for seven years from January 9, 1863, and on April 22, 1863, assigned to complainant. Two preliminary questions arose upon two papers executed during the original term of the patent. One of them was an assign ment by the p'atentee in June, 1853, to Darius 0. Brown, the granting clause of which was as follows: “Now tliis indenture…
1Opinion of the Court
CADWALADER, District Judge.
There have been two objections to the complainant’s derivation of title from Hibbert, the patentee. One of them is founded upon the assignment to Darius C. Brown of all right, title, and interest in the invention “to be applied exclusively to the knitting or construction of harnesses for looms and for other purposes.” This obviously meant har*235nesses for looms,- and harnesses for other purposes. The objection, therefore, cannot be sustained. The other objection depends upon the effect of the agreement of September 23, 1S62. I -will consider this question as it would…
2Cited by4 opinions
- Electrical Accumulator Co. v. Julien Electric Co.U.S. Circuit Court for the District of Southern New York · 1889
- American Writing Mach. Co. v. Wagner Typewriter Co.Court of Appeals for the Second Circuit · 1907
- Page Mach. Co. v. Dow, Jones & Co.District Court, S.D. New York · 1912
- Parlin & Orendorff Co. v. Moline Plow Co.Court of Appeals for the Seventh Circuit · 1898