Brooks v. Byam
U.S. Circuit Court for the District of Massachusetts
Bill in equity [by William Brooks against Ezekiel Byam and others to restrain prosecution of a suit at law] for an injunction and for relief. [Dismissed.] This is the same case which has already been before the court on an interlocutory motion [on exceptions taken by plaintiff to the answer of defendant Prentiss Whitney]. 1 Story, 296 [Case No. 1,947]. It also relates to the same patent which formed the subject of inquiry in Ryan (Byam) v. Goodwin [Case No. 12,-186], The…
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Bill in equity [by William Brooks against Ezekiel Byam and others to restrain prosecution of a suit at law] for an injunction and for relief. [Dismissed.] This is the same case which has already been before the court on an interlocutory motion [on exceptions taken by plaintiff to the answer of defendant Prentiss Whitney]. 1 Story, 296 [Case No. 1,947]. It also relates to the same patent which formed the subject of inquiry in Ryan (Byam) v. Goodwin [Case No. 12,-186], The bill states that one Alonzo D. Phillips obtained letters patent [dated October 24, 1836, and numbered 68] for the making of…
1Opinion of the Court
STORY, Circuit Justice.
The question, which seems originally to have been one of the main hinges of this controversy, and to which, as a matter of fact, so much of the evidence is addressed, is, whether Byam, at the time of the purchase of the patent right of Phillips, which was subsequent to the license granted by the patentee to Brown, bad notice of the license so granted to Brown. That point becomes wholly immaterial, if the license itself is not by law required to be recorded. And independent of the admission of counsel, I am entirely satisfied, upon the true construction of the patent act…
2Cited by7 opinions
- Brush Electric Co. v. California Electric Light Co.Court of Appeals for the Ninth Circuit · 1892
- Jones v. BergerU.S. Circuit Court for the District of Maryland · 1893
- Philadelphia Storage Battery Co. v. Radio Corp. of AmericaCourt of Chancery of Delaware · 1937
- Adams v. HowardU.S. Circuit Court for the District of Southern New York · 1884
- Black v. Stone & Co.Supreme Court of Alabama · 1858
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