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Judgment Search Results Home > Cases Phrase: patents Year: 1948 Page 1 of about 205 results (0.009 seconds)

Mar 08 1948 (FN)

United States Vs. Line Material Co.

Court : US Supreme Court

Decided on : Mar-08-1948

..... u. s. 334 in writing, and the applicant or patentee or his assigns or legal representatives may in like manner grant and convey an exclusive right under his application for patent or patent to the whole or any specified part of the united states. . . ." (italics supplied.) r.s. 4898, as amended, 55 stat. 634, 35 u.s.c. 47 (supp. v, 1946 ..... type of stainless steel allegedly issued licenses fixing prices on all types of stainless steel. united states v. american optical co., s.d.n.y.civil 10-391, optical patents owned by patent holding company which gave exclusive licenses; exclusive licensee sublicensed to other manufacturers who agreed to maintain prices and comply with marketing restrictions. united states v. bausch & lomb optical co ..... suit was brought to recover royalties on a license with price limitations, this court refused to examine the general electric rule because of the claimed illegality of the katzinger patent. if the patent were invalid, the price-fixing page 333 u. s. 301 agreement would be unlawful. we affirmed the action of the circuit court of appeals in remanding the case to ..... material, the pertinent alleged violation was an agreement between general electric and westinghouse company through which westinghouse was licensed to manufacture lamps under a number of general electric's patents, including a patent on the use of tungsten filament in the bulb, on condition that it should sell them at prices fixed by the licensor. on considering an objection to the fixing .....

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Mar 08 1948 (FN)

United States Vs. United States Gypsum Co.

Court : US Supreme Court

Decided on : Mar-08-1948

..... to the memorandum, national and universal were unwilling to accept "bubble board" licenses until they had settled their litigation over national's infringement of universal's starch patent. that patent included process and product claims on wallboard made with starch. brown noted that united states gypsum was working on a proposal to combine the starch and "bubble board ..... shown above, and shall include all stopover, switching, cartage and other extra delivery charges applicable to the shipment. . . ." "rebates, allowances, etc.:" "any sale of patented products, though ostensibly made at or above the minimum price established by licensor, will nevertheless be considered a violation of the provisions of the license if licensee directly or indirectly ..... in november, 1929, were in substantially identical terms. the license with universal contained preferential royalty terms which were granted as consideration for the transfer of the starch patents; every other license (except that of texas) provided that if the licensor should subsequently grant more favorable terms to any licensee (except universal), the same more ..... -- certain-teed, ebsary and niagara -- signed license agreements. at the same meeting, avery explained to the licensees that united states gypsum had acquired applications for a patent covering so-called "bubble board," and suggested that the licensees take out licenses under these applications. the applications covered a process for making gypsum board by introducing a .....

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Apr 26 1948 (FN)

United States Vs. Scophony Corp.

Court : US Supreme Court

Decided on : Apr-26-1948

..... things then being done into separate disconnected events -- viz., stock ownership (in american scophony); contracting with american scophony and the other corporations for transfer and licensing of patents; activities to protect scophony's american "interests" by resolving the impasse. [ footnote 25 ] see note 22 supra. indeed, the contracts shaped the nature of the ..... pursuit of one corporate object or objects -- viz., manufacturing and selling -- to another continuing mode of achieving a basic corporate objective, namely, the exploiting of patents by complex working arrangements partaking practically of the character of a common enterprise with others and requiring constant supervision and intervention beyond normal exercise of shareholders' rights ..... undertook to transmit fifty percent of such royalties to scophony. american scophony gave scophony an exclusive sublicense for the eastern hemisphere on a royalty basis under all patents licensed to american scophony by general precision and productions. provision was also made for the interchange of technical data and information respecting the scophony inventions. finally, ..... process and dismiss the complaint as to it. 69 f.supp. 666. scophony manufactures and sells television apparatus, and is the owner and licensor of inventions and patents covering television reception and transmission. [ footnote 4 ] with the outbreak of the european war in 1939, the british broadcasting corporation stopped television broadcasting. consequently it .....

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Nov 08 1948 (FN)

Mandel Brothers, Inc. Vs. Wallace

Court : US Supreme Court

Decided on : Nov-08-1948

..... retarding perspiration; on the other hand, the skin irritating and cloth corroding qualities of the acid were obviously undesirable. this was the problem as posed by the patent application. the patent specifications asserted and the district court found that, though standard alkalies would neutralize, and thus reduce acidity and consequent skin irritation and cloth corrosion, these alkalies would ..... reduce acidic astringency, the patentees promptly turned to urea. their success was immediate. as the united states court of appeals for the second circuit pointed out when this patent was before it: ". . . skillful experiments in a laboratory, in cases where the principles of the investigations are well known, and the achievement of the desired end ..... that urea was in general use as a stabilizing agent with acid and salts. moreover, the patentees knew that standard alkalies had been successfully employed in prior patents for their anticorrosive effect. it is not surprising therefore that, after experimenting with various standard alkalies in an effort to find a corrosion inhibitor that would not greatly ..... , by neutralizing acidity, also reduce the astringency essential to check perspiration. the claimed discovery of the patent is in adding to the old acid-salts cosmetics certain types of the reactive amino chemical group, particularly urea. this addition, the patentees asserted, results in an improved .....

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Apr 05 1948 (FN)

Commissioner Vs. Sunnen

Court : US Supreme Court

Decided on : Apr-05-1948

..... his wife in addition to giving her the right to receive the royalty payments. it is the taxpayer's contention that the license contracts, rather than the patents and the patent applications, were the ultimate source of the royalty payments, and constituted income-producing property the assignment of which freed the taxpayer from further income tax liability. we ..... family partnerships. the principles which have thus been recognized and developed by the clifford and horst cases and those following them are directly applicable to the transfer of patent license contracts between members of the same family. they are guideposts for those who seek to determine in a particular instance whether such an assignor retains sufficient control ..... income tax liability on transferors who had assigned or transferred various forms of income to others within their family groups, although none specifically related to the assignment of patent license contracts between members of the same family. it must therefore be determined whether this clifford-horst line of cases represents an intervening legal development which is pertinent ..... directors was required to take binding action. in exchange for a specified royalty, the taxpayer gave the corporation nonexclusive licenses to manufacture and sell devices covered by certain patents which he owned. the licenses were cancellable by either party upon giving appropriate notice, specified no minimum royalties, and did not bind the corporation to manufacture and sell .....

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Feb 16 1948 (FN)

Funk Brothers Seed Co. Vs. Kalo Inoculant Co.

Court : US Supreme Court

Decided on : Feb-16-1948

..... here only product claims. bond does not create state of inhibition or of noninhibition in the bacteria. their qualities are the work of nature. those qualities are, of course, not patentable. for patents cannot issue for the discovery of the phenomena of nature. see le roy v. tatham, 14 how. 156, 55 u. s. 175 . the qualities of these bacteria, ..... it from other inventions, and he shall particularly point out and distinctly claim the part, improvement, or combination which he claims as his invention or discovery. . . . no plant patent shall be declared invalid on the ground of noncompliance with this section if the description is made as complete as is reasonably possible. [ footnote 2/2 ]" the completeness and character ..... would require, for instance, in the field of alloys, that if one discovered a particular mixture of metals which, when alloyed, had some particular desirable properties, he could patent not merely this particular mixture, but the idea of alloying metals for this purpose, and thus exclude everyone else from contriving some other combination of metals which, when alloyed, had ..... the genus rhizobium, said strains being unaffected by each other in respect to their ability to fix nitrogen in the leguminous plant for which they are specific." [ footnote 2 ] the patent also contains process claims. [ footnote 3 ] the six well recognized species of bacteria and the corresponding groups (cross-inculation groups) of leguminous plants are: rhizobium trifolii red clover, .....

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May 03 1948 (FN)

United States Vs. Paramount Pictures, Inc.

Court : US Supreme Court

Decided on : May-03-1948

..... appeal which another film may have. as the district court said, the result is to add to the monopoly of the copyright in violation of the principle of the patent cases involving tying clauses. [ footnote 12 ] page 334 u. s. 159 it is argued that transparent-wrap machine corp. v. stokes & smith co., 329 ..... conditioned upon the licensee's taking one or more other features. [ footnote 11 ] page 334 u. s. 158 we approve that restriction. the copyright law, like the patent statutes, makes reward to the owner a secondary consideration. in fox film corp. v. doyal, 286 u. s. 123 , 286 u. s. 127 , chief ..... are sustained. pp. 334 u. s. 156 -159. (a) the result of this practice is to add to the monopoly of the copyright, in violation of the principle of the patent cases involving tying clauses. p. 334 u. s. 158 . (b) transparent-wrap machine corp. v. stokes & smith co., 329 u. s. 637 , distinguished. p. 334 ..... had the effect of suppressing price competition between exhibitors. pp. 334 u. s. 143 -144. (c) a copyright may no more be used than a patent to deter competition between rivals in the exploitation of their licenses. p. 334 u. s. 144 . 3. the district court's finding that there was a ..... first." that enlargement of the monopoly of the copyright was condemned below in reliance on the principle which forbids the owner of a patent to condition its use on the purchase or use of patented or unpatented materials. see ethyl gasoline corporation v. united states, 309 u. s. 436 , 309 u. s. 459 ; morton .....

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Feb 13 1948 (PC)

Madangopal Bagla Vs. Lachmidas and ors.

Court : Kolkata

Decided on : Feb-13-1948

..... or taken proceedings in courts outside that province, either by reason of the provisions of section i6(c) and (d) or section 20, civil p.c., or of the letters patents of chartered high courts, with or without leave, as the case may be. we accordingly hold that the special judge had no jurisdiction to adjudicate upon the claim of madan ..... 11 and 18 of the act those provisions cannot affect the decree passed by this court in favour of madan gopal bagla, for this court had power under the letters patent to pass that decree, and either to execute it itself or have it executed by a transferee court and the provincial legislature even of this province, much less of another ..... jurisdiction at the time when the said decree was passed, for at that time the central legislature was by virtue of clause 44, letters patent, the only legislative authority in india which could have modified the letters patent: narsingh das v. chogemull : air1939cal435 , et seq. our decision is in agreement with the result of the decisions of the bombay high court in .....

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Dec 23 1948 (PC)

Kanhaiya Lal Vs. the Panchayati Akhara

Court : Allahabad

Decided on : Dec-23-1948

Reported in : AIR1949All367

..... object that is intended to be attainedand by the following observations to be found in the speech of halsbury l. c, in eastman photographic materials co. v. comptroller general of patents, designs and trademarks (1898) 1898 a.c. 571 at page 575: 'turner l.j. in hawkins v. gathercole (1855) 6 d. m. & g. 1 at page 21, and adding his .....

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Jul 13 1948 (PC)

Shrinivasrao Vs. Vinayakrao

Court : Privy Council

Decided on : Jul-13-1948

..... , upon a claim being made by harihar rao, a son of the raja, directed an enquiry into these and other villages. the inam investigating officer reported that, none of the patents under which they were held having been produced, they had been treated as government villages, but that in the case of kamardipur upon the representation of the poojarir of the .....

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