POHL V. ANCHOR BREWING CO., 134 U. S. 381 (1890)

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U.S. Supreme Court

Pohl v. Anchor Brewing Co., 134 U.S. 381 (1890)

Pohl v. Anchor Brewing Company

No. 1269

Submitted January 10, 1890

Decided March 24, 1890

134 U.S. 381

Syllabus

Under § 4887 of the Revised Statutes, which provides that

"Every patent granted for an invention which has been previously patented in a foreign country shall be so limited as to expire at the same time with the foreign patent or, if there be more than one at the same time with the one having the shortest term, and in no case shall it be in force more than seventeen years,"

a United States patent runs for the term for which the prior foreign patent was granted, without reference to whether the latter patent became lapsed or forfeited in consequence of the failure of the patentee to comply with the requirements of the foreign patent law. The case of Bate Refrigerating Co. v. Hammond, 129 U. S. 151, explained.

In equity. The case is stated in the opinion.