US LAWS, STATUTES and CODES : Chan Robles Virtual Law Library USA Supreme Court Decisions | Resolutions : Chan Robles Virtual Law Library

ChanRobles™ Virtual Law Library™ |™   
Main Index Repository of Laws, Statutes and Codes Latest Philippine Supreme Court Decisions Chan Robles Virtual Law Library Latest Legal Updates Philippine Legal Resources Significant Philippine Legal Resources Worldwide Legal Resources Philippine Supreme Court Decisions United States Legal Resources United States Supreme Court Jurisprudence ChanRobles LawTube - Social Network

ChanRobles Internet Bar Review : DebtKollect Company, Inc. - Debt Collection Firm Intellectual Property Division - Chan Robles Law Firm

Philippine Supreme Court DecisionsChanRobles On-Line Bar Review

google search for chanrobles.comSearch for

ENSTEN V. SIMON, ASCHER & CO., INC., 282 U. S. 445 (1931)

Subscribe to Cases that cite 282 U. S. 445 RSS feed for this section

U.S. Supreme Court

Ensten v. Simon, Ascher & Co., Inc., 282 U.S. 445 (1931)

Ensten v. Simon, Ascher & Company, Incorporated

No. 46

Argued December 12, 1930

Decided February 2, 1931

282 U.S. 445


1. To protect the valid part of a patent containing an invalid claim, the patentee must disclaim the invalid part without unreasonable neglect or delay. R.S., §§ 4917, 4922; U.S.C., Title 35, §§ 65, 71. P. 282 U. S. 449.

2. By interlocutory decree in a suit for infringement, the district court upheld some of the patent claims and adjudged another invalid. The infringer took an interlocutory appeal, unsuccessfully, to the circuit court of appeals; but the patentee took none, and thereafter, when the case, upon remand from that court, was again before the district court for an accounting, he disclaimed the invalid part in the Patent Office. This was almost two years after the invalidity of the claim had been adjudged by the district court. Subsequently he brought this suit in another circuit, on the remainder of the patent. Held, that the bill for an injunction was properly dismissed upon the ground that the patentee had unreasonably neglected and delayed making the disclaimer and therefore was not entitled to the benefits of the disclaimer statute. P. 455.

38 F.2d 71 affirmed.

Certiorari, 281 U.S. 708, to review a decree upholding the dismissal of the bill in a patent infringement suit. chanroblesvirtualawlibrary

Page 282 U. S. 447

ChanRobles™ LawTube

google search for Search for

Supreme Court Decisions Philippine Supreme Court DecisionsUS Supreme Court Decisions



Browse By ->> Volume


Browse By ->> Year


  Copyright © ChanRobles Publishing Company | Disclaimer | E-mail Restrictions
ChanRobles™ Virtual Law Library |™