Railroad Co. v. Trimble
Supreme Court of the United States
Error to the Circuit Court for Maryland, the case being thus: The Patent Act of 1836* thus enacts: “Section. 11. That every patent shall be assignable in law, either as to the whole interest or any undivided part thereof, by any instrument in writing; 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…
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Error to the Circuit Court for Maryland, the case being thus: The Patent Act of 1836* thus enacts: “Section. 11. That every patent shall be assignable in law, either as to the whole interest or any undivided part thereof, by any instrument in writing; 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, &c. “ Section 14. Damages may be recovered by action on the ease, in any court of…
1Opinion of the Court
Mr.-Justice SWAYNE
delivered the opinion of the court.
The controversy between the parties in this court is confined to questions relating to the title of the defendants in error under the extended patent of August 23,1860, alleged to have been infringed by the plaintiffs in error. The instruction given, and those refused by the court below, which are brought under review, must be examined in the light of the facts which the bill of exceptions discloses. Before proceeding to consider the main questions in the case, we deem it proper to dispose of others arising upon the record in regard to…
2Cited by77 opinions
- Blanchard v. Detroit, Lansing & Lake Michigan RailroadMichigan Supreme Court · 1875
- Johnson v. Southern Pacific R.R. Co.California Supreme Court · 1908
- Lowrey v. HawaiiSupreme Court of the United States · 1907
- Citizens' Fire Insurance, Security & Land Co. v. DollCourt of Appeals of Maryland · 1872
- De La Vergne Refrigerating MacHine Co. v. FeatherstoneSupreme Court of the United States · 1893
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