Court : US Supreme Court
Decided on : Apr-17-1939
ELECTRIC STORAGE BATTERY CO. v. SHIMADZU - 307 U.S. 616 (1939) U.S. Supreme Court ELECTRIC STORAGE BATTERY CO. v. SHIMADZU, 307 U.S. 616 (1939) 307 U.S. 5 307 U.S. 613 307 U.S. 616 ELECTRIC STORAGE BATTERY CO. v. SHIMADZU et al. No. 441. Argued Feb. 28, 1939. Decided April 17, 1939. As Amended on Denial of Rehearing May 22, 1939 And as Modified June 5, 1939.[ Electric Storage Battery Co. v. Shimadzu 307 U.S. 5 (1939) ] Page 307 U.S. 616, 7 Mr. Hugh M. Morris, of Wilmington, Del., for petitioner. Messrs. George Whitefield Betts, Jr., of New York City, and Edmund B. Whitcomb, of Toledo, Ohio, for respondents. Mr. Justice ROBERTS delivered the opinion of the Court. The courts below have held valid and infringed certain claims of three patents 1 granted to Genzo Shimadzu, a citizen and resident of Japan. The earliest is for a method of forming a finely divided and, consequently, more chemically reactive, lead powder. The second is for a method or process of manufacturin...
Tag this Judgment!Court : US Supreme Court
Decided on : Jan-30-1939
Washingtonian Pub. Co. v. Pearson - 306 U.S. 30 (1939) U.S. Supreme Court Washingtonian Pub. Co. v. Pearson, 306 U.S. 30 (1939) Washingtonian Publishing Co. v. Pearson No. 222 Argued December 6, 1938 Decided January 30, 1939 306 U.S. 30 CERTIORARI TO THE COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA Syllabus 1. Section 12 of the Copyright Act of 1909 provides that, after copyright has been secured by publication with the prescribed notice of copyright, two copies of the copyrighted work shall be "promptly" deposited in the copyright office, and that no suit for infringement shall be maintained "until" the provisions of the Act with respect to the deposit of copies and registration of such work shall have been complied with. Held: that the right to sue under the Act for infringement is not lost by mere delay in depositing copies of the copyrighted work. P. 306 U. S. 39 . 2. Fourteen months after the date of its publication and six months after it had been infringed, cop...
Tag this Judgment!Court : US Supreme Court
Decided on : Apr-17-1939
Electric Storage Battery Co. v. Shimadzu - 307 U.S. 5 (1939) U.S. Supreme Court Electric Storage Battery Co. v. Shimadzu, 307 U.S. 5 (1939) Electric Storage Battery Co. v. Shimadzu No. 441 Argued February 28, 1939 Decided April 17, 1939 307 U.S. 5 CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE THIRD CIRCUIT Syllabus 1. Under R.S. 4886, a patent for an invention made but not patented or published in a foreign country is good, in a suit for infringement, against an innocent infringing use in this country for which no patent right is claimed and which began before the date of the application, but after the actual date of the invention. Pp. 307 U. S. 10 et seq. 2. R.S. 4887 contains no provision which precludes proof of facts respecting the actual date of invention in a foreign country to overcome the prior knowledge or use bar of 4886. P. 307 U. S. 12 . 3. R.S. 4923, which provides that, if the patentee, at the time of his application, believed himself the origin...
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Decided on : Jan-09-1939
United States v. Powers - 305 U.S. 527 (1939) U.S. Supreme Court United States v. Powers, 305 U.S. 527 (1939) United States v. Powers No. 102 Argued November 18, 1938 Decided January 9, 1939 305 U.S. 527 CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE NINTH CIRCUIT Syllabus 1. The Treaty of May 7, 1868, between the United States and the Crow Indians, which established their reservation and contemplated settlement in severalty and farming by individual Indians, operated by implication to reserve the waters within the Reservation for the equal benefit of tribal members. Winters v. United States, 207 U. S. 564 . Pp. 305 U. S. 528 -532. 2. Allottees and their grantees acquired the right to use some portion of the tribal waters essential for cultivation. Id. Subsequent Acts, cited in the opinion, do not deny to allottees participation in the use of waters essential to farming and homemaking. If possible, legislation subsequent to the Treaty must be interpreted in harm...
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Decided on : Feb-13-1939
Interstate Circuit, Inc. v. United States - 306 U.S. 208 (1939) U.S. Supreme Court Interstate Circuit, Inc. v. United States, 306 U.S. 208 (1939) Interstate Circuit, Inc. v. United States No. 269 Argued January 11, 1939 Decided February 13, 1939 * 306 U.S. 208 APPEAL FROM THE DISTRICT COURT OF THE UNITED STATES FOR THE NORTHERN DISTRICT OF TEXAS Syllabus 1. Where distributors of motion picture films, owning or controlling the copyrights and engaged, interstate, in the business of supplying the films to theaters for exhibition under license contracts, join in making and carrying out an agreement with the owners of the theaters in certain cities to whom their licenses for first-run exhibitions of "feature" pictures in those cities are confined, whereby the distributors, in granting licenses to other theaters in the same places for subsequent runs of such films require of them that they observe a minimum price of admission and abstain from presenting a picture so licensed wit...
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Decided on : Jan-03-1939
Minnesota v. United States - 305 U.S. 382 (1939) U.S. Supreme Court Minnesota v. United States, 305 U.S. 382 (1939) Minnesota v. United States No. 73 Argued November 10, 1938 Decided January 3, 1939 305 U.S. 382 CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE EIGHTH CIRCUIT Syllabus 1. The United States is an indispensable party defendant in a condemnation proceeding brought by a State to acquire a right of way over lands which the United States owns in fee and holds in trust for Indian allottees. P. 386. 2. The exemption of the United States from being sued without its consent extends to a suit by a State. Such a suit cannot be maintained unless authorized by Act of Congress. P. 305 U. S. 387 . 3. The provision of 3 of the Act of March 3, 1901, that, where Indian allotted lands are condemned under state laws for a public purpose, "the money awarded as damages shall be paid to the allottee" does not require the conclusion that the United States is not an indispensab...
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Decided on : Mar-27-1939
Graves v. New York ex rel. O'Keefe - 306 U.S. 466 (1939) U.S. Supreme Court Graves v. New York ex rel. O'Keefe, 306 U.S. 466 (1939) Graves v. New York ex rel. O'Keefe No. 478 Argued March 6, 1939 Decided March 27, 1939 306 U.S. 466 CERTIORARI TO THE SUPREME COURT OF NEW YORK Syllabus 1. The receipt of salary by a resident of New York as an examining attorney for the Federal Home Owners' Loan Corporation, is constitutionally subject to nondiscriminatory taxation by a State. P. 306 U. S. 475 . 2. For the purposes of this case, it is assumed that the creation of the Home Owners' Loan Corporation was a constitutional exercise of the powers of the Federal Government, and that all activities of the Government constitutionally authorized by Congress are governmental, and stand on a parity with respect to immunity from state taxation. P. 306 U. S. 477 . 3. Whether Congress, as an incident to the exercise of specifically granted powers, has power to grant tax exemptions extendi...
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