Newton v. Buck
Court of Appeals for the Second Circuit
Appeal from the Circuit Court of the United States for the Northern District of New York. This was a suit in equity by Addie Newton against James A. Buck for alleged infringement of letters patent No. 301,087, issued July 1,1884, to the defendant. Plaintiff’s claim to the patent was founded on certain assignments, as shown more fully in the opinion delivered in the circuit court. 72 Fed. 777. The decree in that court was for complainant, and the defendant has appealed.
1Opinion of the Court
PEE CURIAM.
The bill was filed to restrain the infringement of a patent by the defendant, and for an injunction and accounting. The complainant’s title; is founded upon an agreement made in March, .1889, between the defendant and the firm of A. H. Newton & Co., by which the defendant transferred to that firm a number of patents of which he was the owner. The bill alleges that by a mutual mistake of the parties to the instrument, and by the mistake of the draftsman, the patent in suit was omitted from the enumeration of those intended to be transferred. The rights acquired under that agreement…
2Cases cited2 opinions
- Ager v. MurraySupreme Court of the United States · 1882
- Fenner & Hardenburgh v. SanbornNew York Supreme Court · 1862
3Cited by9 opinions
- Platt & Munk Co. v. Republic Graphics, Inc.Court of Appeals for the Second Circuit · 1963
- Keystone Type Foundry v. Fastpress Co.Court of Appeals for the Second Circuit · 1921
- Cold Metal Process Co. v. United Engineering & Foundry Co.District Court, W.D. Pennsylvania · 1935
- Gasser v. Infanti International, Inc.District Court, E.D. New York · 2005
- Jewett v. Atwood Suspender Co.U.S. Circuit Court for the District of Vermont · 1900
4 more not listed; retrieve them via the Exa API.