Ellithorp v. Robertson

INGERSOLL, District Judge.

The question for determination in this case is, whether the plaintiff has made out such a case, in his bill, as will authorize the court to declare the patent which was issued to Robertson void and of no effect. It should be borne in mind, that there is no allegation in the bill, *561and no claim made by the plaintiff, that Robertson surreptitiously or unjustly obtained his patent, for that which was in fact invented and discovered' by the plaintiff, who was using reasonable diligence in adapting and perfecting the same.

The object of the patent laws is to encourage…