Bourne v. Goodyear
| Decision Date | 01 December 1869 |
| Citation | 9 Wall. 811,19 L.Ed. 786,76 U.S. 811 |
| Parties | BOURNE v. GOODYEAR |
| Court | U.S. Supreme Court |
APPEAL from the Circuit Court for the Southern District of New York, in which court, on the 15th of June, 1865, a proceeding was begun, in the name of the United States, ex relatione Bourne, against the executor of Goodyear, to vacate an extension of a patent. The bill showed that the extension of the patent sought to be vacated by the proceeding expired on the 14th of June, 1865; before the suit was commenced, and the defendant demurred to it on that ground among others. The court below dismissed the bill, and the relator brought the case here.
Messrs. T. H. Parsons, A. Payne, and C. Cushing, for the appellant; Messrs. E. W. Stoughton and W. E. Curtis, contra.
The CHIEF JUSTICE delivered the opinion of the court.
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...not all of defendant's citations of authority are patently irrelevant. That is why defendant places much reliance on Bourne v. Goodyear, 1869, 76 U.S. 811, 19 L.Ed. 786, to support its argument that where the patent has expired the question as to whether a suit can be maintained to cancel t......
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...cannot afford injunctional relief where at the time action is brought the patent had expired. Root v. Railway Co., supra; Bourne v. Goodyear, 9 Wall. 811, 19 L. Ed. 786; Le Roy v. De Vry Corporation, 16 F.(2d) 18 (C. C. A. 2); Wright's Automatic Tobacco Packing Machine Co. v. American Tobac......
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