Andrew P. Simpson, Joseph Forsyth, and Bagdad Mills v. James G. Wilson

Mr. Justice NELSON delivered the opinion of the court. The'questions in this case come up on the certificate of a division of opinion in the court below. The judgment of this court' in the previous case'of Wilson, a. Rousseau et al., upon the second question certified in that case, disposes of the first question certified here-, and is answered accordingly. The second question certified involves the point, whether or not the assignment of -an exclusive right to make and use, and to vend to others, planing-maphines-, within.a given territory only, authorizes the assignee to vend elsewhere, out of the said territory, the plank, boards, and other materials, the product-of said machines. _. The court have no doubt but that it does ; and that the restriction in the assignment is to be construed as applying solely to the using of the machine. There is no restriction, as to place, of the gale of the produpt. Certificate accordingly to court below. Order. This cause came on tQ be heard, on. the transcript of the record from the Circuit Court of the- United States for the District of Louisiana, and on the points and questions ón which the judges of the said Circuit Court were opposed in opinion, and which.were certified to this court for its opinion.agreeably to the act of Congress in such case made and provided,, and was argued by counsel. On consideration whereof, it is the opinion of this court, — 1. That, bylaw, the extension and renewal of the said patent granted to William Woodworth,. and. obtained by William'W. Woodworth, his executor, did. not inuré to the benefit of . said defendant to the extent that said defendant was interested in said patent before such renewal and extension,; but the law saved to persons in the use of machines at the time the extension takes effect the right to continue the use. 2. That an assignment of an exclusive right to use amachine, and to vend the same to others for use, within a specified territory, does, authorize an assignee to vend elsewhere, out of the said territory, plank, boards, and other materials, the product of such machine. It is therefore now here ordered and decreed by this court, that it be so certified to the said Circuit Court.