Moore v. Marsh
Supreme Court of the United States
Error to the Circuit Court for the Western District of Pennsylvania. The eleyenth section of the Patent Act of 1886, relating to the.assignment of patents, thus enacts: “ Every pátent shall be assignable in law either as to the whole interest, or any undivided part thereof, by any instrument in Avriting, which, assignment, and also every grant and conveyance of the exclusive right under any patent to make and use-, and to .grant to others'to make and’ use the-thing patented,…
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Error to the Circuit Court for the Western District of Pennsylvania. The eleyenth section of the Patent Act of 1886, relating to the.assignment of patents, thus enacts: “ Every pátent shall be assignable in law either as to the whole interest, or any undivided part thereof, by any instrument in Avriting, which, assignment, and also every grant and conveyance of the exclusive right under any patent to make and use-, and to .grant to others'to make and’ use the-thing patented, within and throughout any specified' part or portion of the United,States, shall be recorded,” &e., &e. And tbe…
1Opinion of the CourtJustice Clifford
Viewed in the light of the admitted facts, the only question in the ease'is whether the assignment by the plaintiff to a third person of an undivided half of the right, title,- and interest secured to him by his letters patent, subsequent to the alleged infringement, but before the commencement of his suit, is a bar to his claim to recover damages for such infringement.
Letters patent were granted to the plaintiff on the 18th of April, 1848, for a certain new and useful improvement in grain drills, in which it is alleged'that he is the original and first inventor of the improvement. Original…
2Cases cited2 opinions
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- Crown Die & Tool Co. v. Nye Tool & MacHine WorksSupreme Court of the United States · 1923
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