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Mitchell v. Hawley

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eBook details

  • Title: Mitchell v. Hawley
  • Author : United States Supreme Court
  • Release Date : January 01, 1872
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 54 KB

Description

Mr. F. A. Brooks, for the appellant, relying on Bloomer v. Millinger,2 and on the 18th section of the Patent Act, contended that a sale of machines by the patentee himself operated to take the thing sold out of the reach of the Patent Act altogether, and that as long as the machines themselves lasted, the owner could use them. Mr. J. E. Manadier, contra, argued that here the right to make and use, and to license to others the right to use, was expressly limited as to duration by apt words, showing clearly an intent that it should not survive the original term of the patent; that this was a perfectly lawful sort of contract, and therefore that the rights must expire with that term; for that neither the 18th section of the Patent Act nor anything laid down in Bloomer v. Millinger was applicable.


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