BLOOMER, the appellant here, filed a bill in equity in the Circuit Court for the Western District of Pennsylvania. He set forth in it that he was owner of the exclusive right to make and use, and vend to others to be used, within the county of Alleghany, in Pennsylvania, the patented planing machine of Woodworth; that subsequently to the 27th December, 1849, and about the 1st January, 1850, the respondent, Millinger, had put in operation in that county, three of these machines, and was continuing to use them without any lawful authority. The prayer was for an account, and for an injunction against the use of these three machines.
The case, as appearing by the bill and answer, was thus:
On the 27th December, 1828, letters patent were granted to Woodworth for an improved planing machine for fourteen years, that is to say, up to 27th December, 1842.
On the 16th November, 1842 (Woodworth himself being dead, but his estate being represented by an administrator), an extension of the patent was granted by the Commissioner or Board of Commissioner of Patents, for the term of seven years from the expiration of the original patent; that is to say, from the 27th December, 1842, to the 27th of December, 1849.
On the 2d June, 1843, the administrator of Woodworth, by deed (called, in the argument, Exhibit A), reciting 'the extension of said letters patent for the term of seven years from and after the expiration of said patent,' sold and conveyed to one William Lippincott, his heirs and assigns, the right to construct and use, and vend to others to construct and use, 'during the said extension,' the patented machine, within the county of Alleghany, in the State of Pennsylvania; covenanting that such right should be exclusive throughout the limits specified, during the 'term aforesaid.'
On the 26th February, 1845, Congress, by act, granted an extension of the patent for the term of seven years from the expiration of the extension granted by the commissioner; and on the 14th of March following, the administrator sold and conveyed his interest in the 'letters patent and the franchises thereby granted and secured,' for 'the said term of seven years created and extended by Congress,' to one Wilson; a second deed-not specially important in the case, but to the same effect exactly, that is to say, for the term of seven years created and extended by the said act of Congress-being made July 9, 1845, and after the patent had been surrendered for a defective specification.
Wilson was thus invested with the interest under the second or Congressional extension, but with nothing more.
In this state of things, William Lippincott, still holding his right under the deed of 2d June, 1843 (called Exhibit A), for Alleghany County, under the extension granted by the commissioner, conveyed it, on the 10th April, 1846, to James Lippincott and one Millinger, the present defendant; and by a second instrument (called Exhibit B), dated three days afterwards (13th April, 1846), the administrator, reciting that in consequence of the surrender and renewal of the patent, doubts had arisen as to rights given by instruments executed prior to the reissue, licensed and empowered this same Lippincott and Millinger 'to construct and use exclusively the patented machine in the county of Alleghany, . . . and also within said territory to license and empower any other person or persons to construct and use machines for the term of time for which the patent was extended by the Board of Commissioners hereinbefore referred to; being for the term of seven years and no longer from and after the expiration of the original term of fourteen years.' The deed declared that the administrator intended thereby 'to confirm . . . all right, title, and interest to construct and use, and the right to license others to construct and use said machines,' which had been granted by the indenture of 2d June, 1843 (Exhibit A), and concludes thus: 'No other, or greater, or other, or further grant or conveyance is hereby made, &c., than was granted by the indenture aforesaid, and upon the same terms and conditions.'
Lippincott and Millinger were thus vested with the right for Alleghany County under the commissioner's extension, in such way as given by the deeds already mentioned.