New York Court of Appeals

William E. Marston, Respondent v. George W. Swett, Appellants

November 16, 188082 N.Y. 526

Summary

The Court reversed the lower court's judgment and ordered a new trial, holding that evidence of a Patent Office interference that invalidated the patent was admissible and material. It affirmed the rule that a party using an apparently valid patent must pay agreed royalties, but that obligation ends without notice when the patent is annulled by proper legal proceedings.