US Patent: 21,856
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| Machine for cutting staves from the bolt
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Patentee:
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| William Steele (exact or similar names) - Wheeling, VA |
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Patent Dates:
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| Granted: |
Oct. 19, 1858 |
| Reissue Information: |
| Reissued as RE2,427 (Dec. 18, 1866) |
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Jeff Joslin
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Description: |
| In the case of Josiah Brammer v. Warren W. Jones, John Benedick, and William Steele, heard by Judge J. Leavitt of the Southern District of Ohio on 1867-12-18, Benedick and Jones asked the court to dissolve an injunction, granted to Brammer, from infringing this patent granted to Mr. Steele. Apparently Brammer had been assigned the patent by Steele for the territories of Meigs County, OH and Mason County, WV. However, it turned out that Brammer and Steele had signed an agreement where Brammer was assigned to patent the right to use this machine upon the condition that he shall pay four hundred dollars within one year from the date of signing. The judge found that this did not constitute an assignment until after the money was paid; rather, it is a license to Brammer to use the machine for one year until he pays. It would seem to follow, then, that Brammer did not have the right to file an injunction. The injunction against Benedick was dissolved because he had sold his share to Jones before the injunction was filed, but the injunction against Jones was upheld because Jones admitted to infringing the patent, and, as a licensee, Brammer had the right to enjoin the infringement of his right to his patented machine.This patent was reissued and then extended. |
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