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Moore v. Marsh

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eBook details

  • Title: Moore v. Marsh
  • Author : United States Supreme Court
  • Release Date : January 01, 1868
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 53 KB

Description

Mr. S. S. Fisher, for the patentee, appellant, argued, that the latter, or interested in the damages, was the plain meaning; that it would be unreasonable and contrary to all analogies of the law, that a simple assignment of a patent-right should carry with it the right to all previous damages, carry with it all the damages which had ever accrued to its former owners in the whole course of the patent's life, and from the date of the letters patent; that back damages were not a matter inherent in, sticking to, and inseparable from the patent, but were a matter which belonged to the owner in his individual right. And this natural view, he considered, was supported by the authority of this court in Dean v. Mason.1 Messrs. Henry Baldwin, Jr., and W. Bakewell, contra, argued, that the words of the fourteenth section of the statute, meant interested in the patent, and not interested in the damages; and that this was manifest–– 1. By comparing this fourteenth section with the eleventh section above cited.


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