Congress Rubber Co. v. American Elastic Cloth Co.

D. Pennsylvania

Congress Rubber Co. v. American Elastic Cloth Co.

6 F. Cas. 279

DecidedJuly 1, 1857

StatusPublished

This text of 6 F. Cas. 279 (Congress Rubber Co. v. American Elastic Cloth Co.) is published on Counsel Stack Legal Research, covering District Court, D. Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Congress Rubber Co. v. American Elastic Cloth Co., 6 F. Cas. 279 (pennsylvaniad 1857).

Pincite

Opinion

1. Every man who stands upon a patent has a prima facie title, which upon a preliminary question will not he pronounced good for nothing.

2. Where on. a motion for a preliminary injunction. tile defendants claimed to act under a patent regularly issued from the patent office, held, that the court would not on such a motion decide against such a patent, and grant the injunction prayed for.

3. Since the act of 1S3G [5 Stat. 117], patents stand upon a different footing from that upon which they stood formerly. Upon an application for a patent, the officers of the patent office give their judgment, and that judgment is prima facie a good one; when one party contests that, and offers another patent in opposition to it, both parties stand upon an equal footing.

[NOTE. The points stated as above are taken from Law, Pat. Dig. 3SG, 515. Nowhere more fully reported; opinion not now accessible.]

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1. Every man who stands upon a patent has a prima facie title, which upon a preliminary question will not he pronounced good for nothing.

2. Where on. a motion for a preliminary injunction. tile defendants claimed to act under a patent regularly issued from the patent office, held, that the court would not on such a motion decide against such a patent, and grant the injunction prayed for.

3. Since the act of 1S3G [5 Stat. 117], patents stand upon a different footing from that upon which they stood formerly. Upon an application for a patent, the officers of the patent office give their judgment, and that judgment is prima facie a good one; when one party contests that, and offers another patent in opposition to it, both parties stand upon an equal footing.

[NOTE. The points stated as above are taken from Law, Pat. Dig. 3SG, 515. Nowhere more fully reported; opinion not now accessible.]

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Bluebook (online)

6 F. Cas. 279, Counsel Stack Legal Research, https://law.counselstack.com/opinion/congress-rubber-co-v-american-elastic-cloth-co-pennsylvaniad-1857.