US SUPREME COURT DECISIONS

Where a patentee, whose patent bad been extended according to law, conveyed all his interest to another person, and the assignee brought suit against certain parties for an infringement of the patent, and these parties claimed under a license granted by the original patentee before the assignment, it was necessary to show a connected chain of title to themselves in order to justify their use of the improvements secured by the patent.

Having omitted to do this, the judgment of the court below, which was in favor of the defendants, must be reversed and the case remanded for another trial. Whether the patent was for a process or a machine is not decided in the present case.

This was an action of trespass on the case brought by Chaffee against the Boston Belting Company for an infringement upon a patent granted for the manufacture of India rubber granted to Chaffee in 1836 and extended for seven years from the 31st day of August, 1850. chanrobles.com-red

Page 63 U. S. 218

The respective claims of the plaintiff and defendants are fully stated in the opinion of the Court.

The presiding judge in the court below ruled that the defendants had a right to continue the same machinery for the same purposes, and in conformity with the directions contained in the specification, after the expiration and renewal of the letters patent, and consequently that the plaintiff could not recover.

To this ruling the plaintiff excepted, and brought the case up to this Court. chanrobles.com-red

Page 63 U. S. 219