Court : US Supreme Court
Decided on : Mar-25-1940
Ethyl Gasoline Corp. v. United States - 309 U.S. 436 (1940) U.S. Supreme Court Ethyl Gasoline Corp. v. United States, 309 U.S. 436 (1940) Ethyl Gasoline Corporation v. United States No. 536 Argued March 1, 4, 1940 Decided March 25, 1940 309 U.S. 436 APPEAL FROM THE DISTRICT COURT OF THE UNITED STATES FOR THE SOUTHERN DISTRICT OF NEW YORK Syllabus A corporation owning a patent for a poisonous fluid compound containing lead, which, when mixed with the gasoline used as fuel in high compression internal combustion engines, adds greatly to their efficiency, and owning also a patent claiming the fuel mixture and another claiming a method of using it, manufactured the fluid and sold it, without royalty, under a licensing system, to nearly all of the leading manufacturers of gasoline in the country, one of which owned half of the patentee's capital stock. These refiners mixed the fluid with their gasoline and sold the resulting patented fluid in great quantities to jobbers, who in ...
Tag this Judgment!Court : US Supreme Court
Decided on : Dec-16-1940
United States v. Northern Pacific Ry. Co. - 311 U.S. 317 (1940) U.S. Supreme Court United States v. Northern Pacific Ry. Co., 311 U.S. 317 (1940) United States v. Northern Pacific Railway Co. Nos. 3 and 4 Argued March 4, 5, 1940 No. 3, reargued October 15, 16, 1940 Decided December 16, 1940 311 U.S. 317 APPEALS FROM THE DISTRICT COURT OF THE UNITED STATES FOR THE EASTERN DISTRICT OF WASHINGTON Syllabus 1. In a suit under the Act of June 25, 1929, for an accounting, etc., between the United States and the Northern Pacific Railway Company, with respect to the land grants made by the United States to that company's predecessor, decision on the following propositions of the Government, each advanced as a defense to Page 311 U. S. 318 any relief for the company, are reserved, eight Justices who heard the case being equally divided in opinion concerning them, viz.: (a) That the obligations of the United States under the Act of July 2, 1864, were avoided by the alleged failur...
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Decided on : May-20-1940
Sontag Chain Stores Co., Ltd. v. National Nut Co. - 310 U.S. 281 (1940) U.S. Supreme Court Sontag Chain Stores Co., Ltd. v. National Nut Co., 310 U.S. 281 (1940) Sontag Chain Stores Co., Ltd. v. National Nut Co. of California No. 671 Argued April 24, 1940 Decided May 20, 1940 310 U.S. 281 CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE NINTH CIRCUIT Syllabus 1. One who, subsequently to the issuance of a patent but prior to the filing of an application for a reissue patent on broadened claims, put into use a machine which it is alleged infringes the reissue patent, though it does not infringe the original patent, held, in the absence of fraud or bad faith, to have acquired intervening rights which barred injunctive relief against continued use of the accused machine. Pp. 310 U. S. 282 , 310 U. S. 293 -295. 2. That, at the time the accused machine was first put into use, the alleged infringer was without actual knowledge of the original patent does not defeat the cl...
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Decided on : Dec-09-1940
Schriber-Schroth Co. v. Cleveland Trust Co. - 311 U.S. 211 (1940) U.S. Supreme Court Schriber-Schroth Co. v. Cleveland Trust Co., 311 U.S. 211 (1940) Schriber-Schroth Co. v. Cleveland Trust Co. No. 9 Argued October 24, 25, 1940 Decided December 9, 1940 * 311 U.S. 211 CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE SIXTH CIRCUIT Syllabus 1. The claims of a patent are interpreted in the light of the specifications, but with reference also to its file-wrapper history. P. 311 U. S. 217 . 2. It is a rule of patent construction that a claim in a patent must be read and interpreted with reference to claims that have been cancelled or rejected and the claims allowed cannot, by construction, be read to cover what has thus been eliminated from the patent. P. 311 U. S. 220 . 3. While this rule is most frequently invoked when the original and cancelled claim is broader than that allowed, the rule and the reason for it are the same if the cancelled or rejected claim be narrowe...
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Decided on : Dec-09-1940
Bacardi Corp. v. Domenech - 311 U.S. 150 (1940) U.S. Supreme Court Bacardi Corp. v. Domenech, 311 U.S. 150 (1940) Bacardi Corporation of America v. Domenech No. 21 Argued October 22, 1940 Decided December 9, 1940 311 U.S. 150 CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE FIRST CIRCUIT Syllabus 1. The General Inter-American Convention for Trade-Mark and Commercial Protection signed at Washington on February 20, 1929, and ratified by the United States, by Cuba and by other American countries, is a part of our law, and no special legislation in the United States was necessary to make it effective there. P. 311 U. S. 161 . 2. The treaty binds the Territory of Puerto Rico, and cannot be overridden by the Puerto Rican legislature. P. 311 U. S. 162 . 3. The treaty should be construed liberally to give effect to its purpose. Where a provision fairly admits of two constructions, one restricting, the other enlarging, rights claimed under it, the more liberal construction i...
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Decided on : Nov-25-1940
Helvering v. Eubank - 311 U.S. 122 (1940) U.S. Supreme Court Helvering v. Eubank, 311 U.S. 122 (1940) Helvering v. Eubank No. 205 Argued October 25, 1940 Decided November 25, 1940 311 U.S. 122 CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE SECOND CIRCUIT Syllabus Renewal commissions paid in 1933 by insurance companies to the assignee of an agent, pursuant to assignments made by the agent, in 1924 and 1928, of such commissions as should become payable to him for services which had been rendered in writing policies of insurance under agency contracts, held, under 22 of the Revenue Act of 1932, income taxable in 1933 to the assignor. Following Helvering v. Horst, ante, p. 311 U. S. 112 . P. 311 U. S. 124 . 110 F.2d 737 reversed. Certiorari, post, p. 630, to review the reversal of an order of the Board of Tax Appeals, 39 B.T.A. 583, sustaining a determination of a deficiency in income tax. Page 311 U. S. 124 MR. JUSTICE STONE delivered the opinion of the Cour...
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Decided on : Jun-03-1940
Arkansas v. Tennessee - 310 U.S. 563 (1940) U.S. Supreme Court Arkansas v. Tennessee, 310 U.S. 563 (1940) Arkansas v. Tennessee No. 9, Original Argued April 23, 1940 Decided June 3, 1940 310 U.S. 563 Syllabus 1. Land on the Arkansas side of the Mississippi River was cut off by a sudden change of the river's course, in 1821, and became attached to the Tennessee side. Held: (1) That it subsequently became a part of Tennessee as the result of long and continuous exercise by that dominion and jurisdiction over it with the acquiescence of Arkansas. P. 310 U. S. 566 . (2) That an addition to this area, caused by gradual accretion from the river, was also subject to the Tennessee jurisdiction. P. 310 U. S. 572 . 2. The principle of prescription and acquiescence is applicable in the determination of boundaries between States. P. 310 U. S. 569 . 3. The rule of the thalweg rests upon equitable considerations, and is intended to safeguard to each State equality of access and ...
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Decided on : Jan-29-1940
Yearsley v. W. A. Ross Construction Co. - 309 U.S. 18 (1940) U.S. Supreme Court Yearsley v. W. A. Ross Construction Co., 309 U.S. 18 (1940) Yearsley v. W. A. Ross Construction Co. No. 156 Argued January 3, 4, 1940 Decided January 29, 1940 309 U.S. 18 CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE EIGHTH CIRCUIT Syllabus 1. A contractor working for improvement of river navigation in conformity with a contract with the Government authorized by a valid Act of Congress, is not liable for injury resulting to private riparian land, even though what is so done amounts to a taking of property by the Government. P. 309 U. S. 20 . Where an agent or officer of the Government, purporting to act on its behalf, has been held to be liable for his conduct causing injury to another, the ground of liability has been found to be either that he exceeded his authority or that it was not validly conferred. 2. For a taking of private property in the course of authorized navigation improve...
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