Untermeyer v. Freund
U.S. Circuit Court for the District of Southern New York
In Equity. Suit by Henry Untermeyer against Max Freund et al. for infringement of a patent. Heard on exceptions to the master’s report. This action was begun December 30, 1886, for the infringement of letters patent No. 15,121, granted to complainant July 1, 1884, for a design for a watch-case. A decision sustaining the patent was filed January 15, 1889. 37 Fed.
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In Equity. Suit by Henry Untermeyer against Max Freund et al. for infringement of a patent. Heard on exceptions to the master’s report. This action was begun December 30, 1886, for the infringement of letters patent No. 15,121, granted to complainant July 1, 1884, for a design for a watch-case. A decision sustaining the patent was filed January 15, 1889. 37 Fed. Rep. 342. An interlocutory decree adjudging that the complainant recover damages and profits “together with any penalty incurred,” and referring it to a master to take the account, was entered January 24, 1889. On the 6th of May,…
1Opinion of the Court
Coxe, District Judge.
The act of 1887 is constitutional. Article 1, § 8, of the constitution gives congress the power “to promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to ‘their respective writings and discoveries.” The practical result of the decision in Dobson v. Carpet Co., 114 U. S. 439, 5 Sup. Ct. Rep. 945, (decided April 20, 1885,) was io déprive the owner of a design patent of all redress against infringers. The attention of congress being called to this condition'of affairs the act of 1887 was passed,to…
2Cases cited1 opinion
- Dobson v. Hartford Carpet Co.Supreme Court of the United States · 1885
3Cited by5 opinions
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- Bush & Lane Piano Co. v. Becker Bros.Court of Appeals for the Second Circuit · 1915
- Swarthmore Junior, Inc. v. Miss Greeley Junior Frocks, Inc.District Court, S.D. New York · 1943
- Bush & Lane Piano Co. v. Becker Bros.Court of Appeals for the Second Circuit · 1915