A Collection of Patent Cases: Decided in the Supreme and Circuit Courts of the United States, from Their Organization to the Year 1850. With Notes, and a Copious Index to the Subject Matter, 2. köideLittle, Brown and Company, 1854 |
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Page 7
... trial is overruled . A motion , in arrest of judgment , has also been made and argued ; and the ground is , that the plaintiff does not aver in his declaration that he ever obtained a patent , or had an ex- clusive right to the stove ...
... trial is overruled . A motion , in arrest of judgment , has also been made and argued ; and the ground is , that the plaintiff does not aver in his declaration that he ever obtained a patent , or had an ex- clusive right to the stove ...
Page 10
... trial , the exclusive right was proved to be in the plaintiff . The plaintiff's title was defectively set out , and , in such cases , after verdict , the Court will presume that the facts showing the right were proved on the trial ...
... trial , the exclusive right was proved to be in the plaintiff . The plaintiff's title was defectively set out , and , in such cases , after verdict , the Court will presume that the facts showing the right were proved on the trial ...
Page 11
... trial it appeared , that the patent was dated on the 30th of April , 1829 , and the specification was as follows . " Be it known that I , Amasa Stone , of , & c . , have invented a new and useful improvement in looms , not known or used ...
... trial it appeared , that the patent was dated on the 30th of April , 1829 , and the specification was as follows . " Be it known that I , Amasa Stone , of , & c . , have invented a new and useful improvement in looms , not known or used ...
Page 21
... trial . The motion was grounded upon the following reasons . ( 1. ) That the judge ruled in the course of the trial , that one Peirce , who was offered as a witness , was interested and could not be examined as a witness . ( 2. ) That ...
... trial . The motion was grounded upon the following reasons . ( 1. ) That the judge ruled in the course of the trial , that one Peirce , who was offered as a witness , was interested and could not be examined as a witness . ( 2. ) That ...
Page 22
... trial that the damages were excessive . STORY , J. , without hearing the other side , ruled , as at the trial that the patent was primâ facie evidence in the case ; that the patent recited the oath , and that the jury had cogni- zance ...
... trial that the damages were excessive . STORY , J. , without hearing the other side , ruled , as at the trial that the patent was primâ facie evidence in the case ; that the patent recited the oath , and that the jury had cogni- zance ...
Common terms and phrases
act of Congress action administrator aforesaid alleged application assignees and grantees assignment Austin Parker bill Braintree carriage Circuit Court circular saws claim clause combination commissioner complainants construction contract counsel court of equity cutters cylinder damages declaration defective defendant demurrer described Emerson entitled equity evidence exclusive right extension fact filed further enacted granted groove ground Hogg improvement infringement injunction interest invention inventor issue judge judgment jury letters-patent license matter McLean ment Minot mode motion oath objection operation opinion original patent parties Patent Act Patent Law Patent Office patent-right person plaintiff plaintiffs in error planing machine plank principle prior question reason record renewed patent rollers Rousseau rule specification statute Stimpson Story stove suit surrender tent term thereof thing patented tion trial United validity vend verdict violation void Washburn West Chester Railroad wheel whole William W William Woodworth Wilson witness Wood words
Popular passages
Page 50 - March one thousand eight hundred and thirty-one, the full and exclusive right and liberty of making, constructing, using and vending to others to be used...
Page 294 - Office a written description of the same, and of the manner and process of making, constructing, compounding, and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art or science to which it appertains, or with which it is most nearly connected, to make, construct, compound, and use the same...
Page 372 - That whenever any patent which has heretofore been granted, or which shall hereafter be granted, shall be inoperative or invalid, by reason of a defective or insufficient description or specification, or by reason of the patentee claiming in his specification as his own invention, more than he had, or shall have, a right to claim as new ; if the error has, or shall have arisen by inadvertency, accident, or mistake, and without any fraudulent or deceptive intention...
Page 721 - ... a written description of his invention, and of the manner of using, or process of compounding the same, in such full, clear, and exact terms, as to distinguish the same from all other things before known, and to enable any person skilled in the art or science of which it is a branch, or with which it is most nearly connected, to make, compound, and use the same.
Page 442 - ... and the benefit of such renewal shall extend to assignees and grantees of the right to use the thing patented, to the extent of their respective interests therein...
Page 657 - In testimony whereof I have caused these letters to be made patent, and the seal of The United States to be hereunto affixed.
Page 434 - ... 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 that the...
Page 364 - ... discovery, or that it contains more than is necessary to produce the described effect; which concealment or addition shall fully appear to have been made for the purpose of deceiving the public...
Page 595 - On consideration whereof, it is now here ordered and adjudged by this court, that the judgment of -the said Circuit Court in this cause be, and the same is hereby reversed with costs...
Page 8 - With respect to the former case it is to be observed, that where there is any defect, imperfection, or omission in any pleading, whether in substance or form, which would have been a fatal objection upon demurrer ; yet if the issue joined be such as necessarily required on the trial proof of the facts so defectively or imperfectly stated or omitted, and without which it is not to be presumed that either the judge would direct the jury to give, or the jury would have given the verdict, such defect,...