Herbert v. Adams
U.S. Circuit Court for the District of Massachusetts
Case [by Obadiah R. Herbert against Charles Adams] for the infringement of a patent for an improvement in the making of bedsteads. Plea, general issue.
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Case [by Obadiah R. Herbert against Charles Adams] for the infringement of a patent for an improvement in the making of bedsteads. Plea, general issue. Upon the trial it appeared in evidence, that the plaintiff had made an assignment of his invention on the 8th of July, 1824, and afterwards took out his patent in the patent office on the 14th of the same month, and the assignment was recorded the .next day in the department of •state, according to the patent act, 1793, c. 11, § 4 [1 Stat 322],
1Opinion of the Court
STORY, Circuit Justice.
Under these circumstances I think the present suit cannot be maintained. The suit should have been brought in the name of the assignee. The assignment is not void by being executed before the invention was patented. It was a good transfer of the right of the patentee immediately upon- bis obtaining the patent, and he would be estopped to set up any adverse title. The subsequent infringement, by the defendant, if any, was a violation of the right of the assignee, and not of the inventor; for by the fourth section of the patent act, after an assignment is recorded, the…
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