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COTTON TIE COMPANY V. SIMMONS, 106 U. S. 89 (1882)

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U.S. Supreme Court

Cotton Tie Company v. Simmons, 106 U.S. 89 (1882)

Cotton Tie Company v. Simmons

Decided November 6, 1882

106 U.S. 89

Syllabus

The owner of patents for improvements in metallic cotton bale ties, each tie consisting of a buckle and a band, granted no license to manufacture the ties, but supplied the market with them, the words " Licensed to use once only" being stamped in the metal of the buckle. After the bands had been severed at the cotton mill, A. who bought them and the buckles as scrap iron, rolled and straightened the pieces of the bands and riveted together their ends. He then cut them into proper lengths and sold them with the buckles, to be used as ties, nothing having been done to the buckles. Held that A. thereby infringed the patents.

Quaere would A.'s sale of the buckle apart from the band be an infringement of the patents?

The facts are stated in the opinion of the Court.





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