| Creditors of Jackson and Esten v. Kemble (Two Folders) |
1793
|
Patent, Creditor, Sequestration, Interdict, Trust, Lease |
The creditors of Jackson and Esten petitioned for possession of the Edinburgh Theatre in order to manage the property under a disputed patent held by Mrs Esten. Kemble, defending as lessee and trustee of the Theatre Royal, resisted the grant of an interdict against his possession, asserting his lawful title and the public interest and arguing that the Court ought first to investigate the validity of Mrs Esten's patent claim before removing him from the theatre. |
| Dr. John Roebuck, and Samuel Garbet v. William and Andrew Stirling |
1772
|
Patent, Privilege, Sequestration, Improvement, Assignment, Interlocutor |
Roebuck and Garbet, pursuers, claimed that they obtained a patent in 1771 for a process that produced sulfuric acid in vessels of lead, instead of in vessels of glass. The patent allegedly gave Roebuck and Garbet the exclusive privilege of using this process in Great Britain for fourteen years. Roebuck and Garbet claimed that William and Andrew Stirling were constructing buildings in Glasgow for the purpose of using Roebuck and Garbet's patented process. Roebuck and Garbet applied for a bill of suspension, but Lord Hailes found no patent transgression in the construction of the buildings. Roebuck and Garbet applied for a second bill of suspension, but the court did not prohibit the Stirlings from producing sulfuric acid in vessels of lead while the case was pending. Because their patent only lasts fourteen years, Roebuck and Garbet sought to stop the Stirlings' activity immediately. They argued that the continued activity of the Stirlings causes Roebuck and Garbet material loss and rendered their patent ineffective. |
| Hinton v. Donaldson |
1773
|
Copyright, Literary Property, Property, Patent, Privilege, Assignment |
This case was about the right to publish a literary work. Stephen Austin obtained a patent from the Crown to publish the second edition of “A New History of the Holy Bible,” by Rev. Thomas Stackhouse. Austin died, leaving his estate to his wife, Elizabeth. She then died after marrying John Hinton, the pursuer. In 1765, defender James Meurose completed another edition of Stackhouse’s book, and in 1767, defenders Alexander Donaldson and John Wood agreed to reprint copies of certain volumes. Hinton sued all three men on the ground that the new edition violated his common law property right in the work. By this time, the patent had expired, and there was no statutory claim. The defenders argued that the common law of Scotland did not provide a perpetual right to so-called literary property. |
