Law Commons^™

Patent Drawing, John L. Byers

Graduate Research Papers

This study is concerned with an investigation of procedures and methods for patent drawings. Specifically, the study involves research in standards of acceptable patent drawings, their proper execution, necessary materials, type of training needed to become a patent draftsman, and the location of available source of training.

Do Art Exhibitions Destroy Common-Law Copyright In Works Of Art, Randolph N. Jonakait

Articles & Chapters

No abstract provided.

Copyrights -- Since Fictional Characters Fall Within The Scope Of Congressional Power Over Copyrights, Federal Policy Prohibits States From Protecting Published Characters That The Copyright Act Has Left In The Public Domain, Donald J. Weidner

Scholarly Publications

No abstract provided.

Copyright Of Textile Designs -- Clarity And Confusion In The Second Circuit, Thomas Ehrlich

Articles by Maurer Faculty

No abstract provided.

News: Public Right V. Property Right, William F. Swindler

Faculty Publications

No abstract provided.

Desny V. Wilder [Dissent], Jesse W. Carter

Jesse Carter Opinions

Corporate secretary's demand that free-lance writers submit synopsis of proposed photoplay was a corporate act, and thus an implied-in-fact contract could arise during secretary/writer's telephonic conversation.

Record Machine & Tool Co. V. Pageman Holding Corp., Jesse W. Carter

Jesse Carter Opinions

In a declaratory judgment action, it was proper for the trial court to make a determination of the value and effect of a patent title on the purchase price of a contract where the seller could not transfer the title because he did not own it.

H. J. Heinz Co. V. Superior Court Of Alameda County, Jesse W. Carter

Jesse Carter Opinions

Defendant's license for a patent was revoked, an order to destroy generators was upheld to prevent future infringement, a compensatory damage award was not recognized in state, and federal court had no jurisdiction to enjoin state court proceedings.

Weitzenkorn V. Lesser [Dissent], Jesse W. Carter

Jesse Carter Opinions

In action for misappropriation of plaintiff's literary composition through the production of a movie by defendants, the court upheld the demurrers on a count based upon express contract and on a implied in fact contract.

Burtis V. Universal Pictures Co. [Dissent], Jesse W. Carter

Jesse Carter Opinions

Plaintiff failed to prove that defendants plagiarized plaintiff's story. Rather, defendants had merely incorporated similar story elements, and the two works would not be considered substantially similar by the average reasonable observer.

Kurlan V. Columbia Broadcasting System, Inc. [Dissent], Jesse W. Carter

Jesse Carter Opinions

An order sustaining demurrers in copyright action was reversed because a protectable interest could not be decided by demurrer, extrinsic evidence was vital for original and novel methods, and outside facts used to assess programs.

Rosicrucian Fellowship V. Rosicrucian Fellowship Non-Sectarian Church, Jesse W. Carter

Jesse Carter Opinions

Plaintiffs were not entitled to the invalidation of an injunction restricting an incorporated religious name as property of defendant corporation where confusion in regards to charity and contribution would likely continue.

Newspaper Copyright, Joseph M. Cormack

Faculty Publications

This is a report upon the state of the American law prepared for submission to the International Congress of Comparative Law to be held at The Hague, August 2nd to 6th., 1932. The report was prepared at the request of the American committee of the Interiationad Academy of Comparative Law, and is published with the approval of the Academy. The national reports are to form the basis of a general report, not exceeding xo,ooo words in length, covering the general state of the law in regard to the particular topic. Because of the limitations thus involved, it has been necessary …

Patent Law: Secret Use As Affecting Right To A Patent, John B. Waite

Articles

An unusually obvious piece of judicial legislation, of practical importance to the manufacturing world, was promulgated in the case of Macbeth-Evans Glass Co. v. General Electric Co., 246 Fed. 695. The facts were that in 1903 Macbeth had invented a process for making glass. Since that time the plaintiff company, of which Macbeth was president, had been using that process. This use had, however, been "secret". In 1910 an employee of the plaintiff revealed the process to the Jefferson Glass Co., which at once began to use it, but on application of the Macbeth Co. the state court enjoined the …

The Patentability Of A Mental Process, John B. Waite

Articles

The fact of possession has been so correlated with the theory of property that it is difficult to dissociate ownership from the possibility of physical possession. One finds that the average lawyer, even though he may defind a right in rem as a right enforcible against any person, is extremely apt, unless after especial thought, to explain that it is enforcible against anyone because it pertains to a thing capable of physical possession and control, a thing that could be actually sequestered, from all other persons. Not at all infrequently the term property has been judicially stripped even of its …

The Patentability Of A Principle Of Nature, John B. Waite

Articles

The extent to which courts will go in conceding patentability to a natural law, or principle of nature, is evidenced in the case of Minerals Separation Co. v. Hyde, 37 Sup. Ct. -, decided by the Supreme Court, December 11, 1916. It has always been more or less an axiom of patent law that the discovery of a principle of nature does not entitle the discoverer to a patent for it. The case usually thought of first as authority therefor, is that of Morton v. New York Eye Infirmary, 5 Blatch. 116, 2 Fisher 320. The patentees in that case …

Limitations Upon The Use, After Sale, Of Patented Articles, John B. Waite

Articles

In the case of Motion Picture Patents Co. v. Universal Film Co., 37 Sup. Ct. 416, the Supreme Court has just rendered a decision which reverses the much discussed case of Henry v. Dick Co., 224 U. S. 1. The opinion was by a divided court, however, as three of the justices dissented, and Justice McREYNOLDS "concurred in the result" only. It can, therefore, hardly be said to settle the ultimate rule as in contradiction to that followed in Henry v. Dick Co., and discussion of the case is of something more than mere academic value. The facts were that …

Sarony V. Burrow-Giles Lithographic Co., Henry W. Rogers

Articles

Commenting in the Federal Reporter on this Opinion, Professor Rogers considers at length this case bearing on definitions of copyright and artistic properties. "This was an action at law for the violation of the plaintiff's copyright of a photograph of Oscar Wilde, which the defendant had copied by the process known as chromo-lithography.... A jury was waived, and the case was argued upon questions of law only, which appear in the opinion."

"The contention of the defendant, briefly stated, is this: That there was no constitutional warrant for this act; that a photographer is not an author, and a photograph …