Wing v. Warren

U.S. Circuit Court for the District of Massachusetts

Wing v. Warren

30 F. Cas. 298, 5 Fish. Pat. Cas. 548

CourtU.S. Circuit Court for the District of Massachusetts

DecidedJune 15, 1872

StatusPublished

This text of 30 F. Cas. 298 (Wing v. Warren) is published on Counsel Stack Legal Research, covering U.S. Circuit Court for the District of Massachusetts primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Wing v. Warren, 30 F. Cas. 298, 5 Fish. Pat. Cas. 548 (circtdma 1872).

Pincite

Opinion

CLIFFORD, Circuit Justice.

If we grant (which we are not at present prepared to do) that all. title had gone out of the patentee by his assignment to Wing and Ormsbee, yet his surrender at the request of the true owners would be valid; and, if the reissue to him was a clerical error, he corrected it at once by an assignment. We are both of opinion that an infringer can not take advantage of such a mistake, if there was one, after it had been corrected either by the office or the parties. Demurrer overruled.

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CLIFFORD, Circuit Justice.

If we grant (which we are not at present prepared to do) that all. title had gone out of the patentee by his assignment to Wing and Ormsbee, yet his surrender at the request of the true owners would be valid; and, if the reissue to him was a clerical error, he corrected it at once by an assignment. We are both of opinion that an infringer can not take advantage of such a mistake, if there was one, after it had been corrected either by the office or the parties. Demurrer overruled.

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Bluebook (online)

30 F. Cas. 298, 5 Fish. Pat. Cas. 548, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wing-v-warren-circtdma-1872.