Glue Company v. Upton

APPEAL from the Circuit Court of the United States for the District of Massachusetts.

This is a suit in equity by the Milligan and Higgins Glue Company, against George Upton, for the alleged infringement of reissued letters-patent No. 4072, for an improvement in the manufacture of glue, granted July 12, 1870, to Thomas P. Milligan and Thomas Higgins, assignees of Emerson Goddard, upon the surrender and cancellation of original letters-patent No. 44,528, issued to the latter Oct. 4, 1864. The complainant is the assignee of Milligan and Higgins. The bill prays for an injunction, and for an account of the defendant's gains and profits arising from the manufacture and sale of the patented article. Upon hearing, the court below dismissed the bill, whereupon the complainant appealed here. The facts relating to the alleged invention are stated in the opinion of the court.

The case was argued by Mr. Edmund Wetmore for the appellant.

The court declined to hear Mr. George L. Roberts and Mr. Chauncey Smith for the appellee.

MR. JUSTICE FIELD delivered the opinion of the court.