BOURNE
v.
GOODYEAR

U.S. | 1869-12-01
9 Wall. 811 Supreme Court of the United States (1869) Positive Treatment
Also reported at: 19 L. Ed. 786 · 1869 U.S. LEXIS 1035 · SCDB 1869-140
Cited by 3 cases
Opinion of the Court
The CHIEF JUSTICE

The CHIEF JUSTICE delivered the opinion of the court.

The extension having expired before the bill was filed, there is no equity to support the application to set it aside. The extension has ceased to be of any effect, and there remains nothing which can be the subject of a suit. The demurrer to the bill, therefore, must be sustained, and the decree of the Circuit Court by which the bill was dismissed must be

Affirmed.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • United States v. Am. Bell Tel. Co., 128 U.S. 315 (U.S. 1888)
  • King Mechanism & Eng'g Co. v. W. Wheeled Scraper Co., 59 F.2d 546 (7th Cir. 1932)
    …no injunction against further infringement can issue whore the patent has expired, it follows that equity cannot afford in junctional 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 Tobacco Co. (D. C.) 220 F. 163. Where at the time an action in equity is brought the patent had so nearly expired th…

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