Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1846-03-14
THE IMPORTANT PATENT CAUSES DECIDED.

/ THE IMPORTANT PATENT CAUSES DECIDED.
| II is generally known that several important
causes, growing out Of WILLIAM WooDwoRTH's
patent for Planning Machine, originally granted in
1928, and extended by decision Of the Board Of
Commissioners in 1912, have been before the SUI
preme Court at its laie term. An unusual number
Of eminent counsel have been heard, on the one
side and the other in the several causes and on the
various questions presented to the Court On
Monday last decision Of the Court was pronounce
ed by Mr.. Justice NELSON and professional
friend has, at request furnished with state
ment Of the points understood to be decided, which
we publish. as itSmay be a matter interesting to
many.
First. The Court has decided, without any dis
sent difference among the Judges that it satisfac-
toriy appears that WILLIAM WooDwoRTH was the
true original inventor Of the planning machine.
Second. That his original patent for such inven-
ton was good and valid, and free from the obiec-
tons urged against 1t.
Third. That its extension in 1912, by the decree
of the Board of Commissioners, accrued to the ben
eft Of the patentee, and not generally speaking to
that Of assignees Of part of the original patent
not continuing 10 such assignees under the original
patent any right to make or vend the machines,
or any exclusive right whatever. But neverhe-
less, majority Of the Court were Of opinion that
an assignee or grantee, having actually purchased a
machine before the expiration of the original patent
and being then in the actual use thereof might con-
tinue the use of such machine.
From, rh;o latter toft tho
Justice MCLEAN, Justice WAYNE, and Justice
WOODBURY. dissented, and the latter read an elabo-
rate opinion giving his views on the subject.
Fourth. That certain covenants between Mr.
WooDwoRrH and those claiming with him, on the
one part, and UM EMMoNs and certain person.
claiming with him, on the other part, did not as
had been contended, convey 10 the said EMMoNs
and his associates any interest in the extension OF
new patent.
Fifth. The extension or new patent was granted
not to WILLIAM WooDwoRTH himself but to his
administrator. il had been contended that the act
Of 1896 did not authorize this, but the Court were
Of the opinion that it did, and that the extension to
the admnstrator was lawfully made.
These several decisions, it is understood, fully
establish the right Of WILLIAM WooDwoRTH and
those claiming under him, and accomplish all the
material objects sought by the several suits, with
the exception of the limitation mentioned above
under the third head.
The great usefulness and importance of the ma.
chine were fully shown, and indeed universally ac
knowlsdged on all hands. A model was brought into
Court, and the operation Of the machine exhi-
bited and explained by Mr.. LxrRoBE, of tic
counsel, with great clearness and felicity.
Our readers, we doubt not, will partake in the
qualification which we ourselves feel, when genius
and enterprise and great sacrifices for the public
good meet at last though late be, their just reward
We hear, with pleasure, that all the learned Judges
who gave opinions in the case concurred in senti-
ment that patents for useful inventions should be
literally construed and justly favored; that no coun
try owed more Of its progress in the arts 10 useful
inventions by individuals than the United States !;
that the mechanical genius of the country ought to
be fostcred and encouraged and that the idea tina,
monopolies was unworthy Of the age, and ought to
be altogether rejected. In these just and liberal
sentiments we doubt not that the learned members
Of the Bench will meet the hearty OF all
intelligent men. We will only add that, for our
selves, have always thought that the deliberate
and wlful Infringement by one man on the fruits OF
another mans genius and invention, was APPLY and
appropriately denominated by word which usually
denotes the most offensive form of plumber, TO wit,
Piracy.