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Becher v. Contoure Laboratories, Inc., 279 U.S. 388 (1929)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Becher v. Contoure Laboratories, Inc., 279 U.S. 388 (1929)
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Becher v. Contoure Laboratories, Inc. No. 559 Argued April 24, 1929 Decided May 13, 1929 279 U.S. 388
CERTIORARI TO THE CIRCUIT COURT OF APPEALS
FOR THE SECOND CIRCUIT
Syllabus
1. An undisclosed invention does not need a patent to protect it from disclosure by breach of trust. P. 391.
2. O, being the inventor of a machine, employed B as a machinist to construct it, B agreeing to keep secret the information concerning the invention imparted to him by O and not to make use of it for the benefit of himself or any other than O. B, in breach of his trust, surreptitiously obtained a patent for the invention as his own, and 0, in a suit in a state court, obtained a decree holding B a trustee ex maleficio of the invention and patent, commanding him to assign the patent to O and forbidding him to use, make or sell, etc., such machines or to transfer any rights under the patent.
Held:
(1) That the suit was not one arising under the patent laws, and was within the jurisdiction of the state court. P. 390.
(2) That the decree of the state court was an estoppel against B in a suit brought by him in the federal court to enjoin O from infringing the patent. P. 391.
29 F.2d 31 affirmed.
Certiorari, 278 U.S. 597, to review a decree of the circuit court of appeals which affirmed a decree of the district court refusing a preliminary injunction in a suit for infringement of a patent, and dismissed the bill.
Contents:
Chicago: U.S. Supreme Court, "Syllabus," Becher v. Contoure Laboratories, Inc., 279 U.S. 388 (1929) in 279 U.S. 388 279 U.S. 389. Original Sources, accessed November 22, 2024, http://originalsources.com/Document.aspx?DocID=UDYAGRG172XXSFC.
MLA: U.S. Supreme Court. "Syllabus." Becher v. Contoure Laboratories, Inc., 279 U.S. 388 (1929), in 279 U.S. 388, page 279 U.S. 389. Original Sources. 22 Nov. 2024. http://originalsources.com/Document.aspx?DocID=UDYAGRG172XXSFC.
Harvard: U.S. Supreme Court, 'Syllabus' in Becher v. Contoure Laboratories, Inc., 279 U.S. 388 (1929). cited in 1929, 279 U.S. 388, pp.279 U.S. 389. Original Sources, retrieved 22 November 2024, from http://originalsources.com/Document.aspx?DocID=UDYAGRG172XXSFC.
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