Parsons v. Barnard
New York Supreme Court
THIS was an action on the case. The declaration ■ - . 1 stated that the plaintiff, on the 23d Time, 1808, obtained ' rT . , „ . . , _ . a patent Irom the United States, giving him, and his assigns, &c. for 14 years, the exclusive right of making and- vending a certain improvement, for rectifying spirjts and that the defendant, well knowing, &c. did, on 1 _ 07 7 the 14th of August, 1808, without authority, use the . . said improvement, and rectify spirits, &c. to the damage…
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THIS was an action on the case. The declaration ■ - . 1 stated that the plaintiff, on the 23d Time, 1808, obtained ' rT . , „ . . , _ . a patent Irom the United States, giving him, and his assigns, &c. for 14 years, the exclusive right of making and- vending a certain improvement, for rectifying spirjts and that the defendant, well knowing, &c. did, on 1 _ 07 7 the 14th of August, 1808, without authority, use the . . said improvement, and rectify spirits, &c. to the damage of the plaintiff, &c. The defendant pleaded,, ¿re propria persona, after imparlance, stating, that the court ought not to…
1Per curiam
The act of congress, of the 17th of April, 1800, (vol. 5. p. 88.) declares, that whenever any patent right shall be infringed, the party offending shall forfeit a sum equal to three times the actual damage sustained, “ which sum shall be recovered by action on the case, ■■ founded on the act, &c. in the circuit court of the United States, having jurisdiction thereof.” The act of congress of 21st February, 1793, (vol. 2. p. 203.) also declares, that, in certain cases, when judgment shall be rendered for the defendant, the patent shall be declared void. As the judicial power of the United…
2Cited by11 opinions
- Claflin v. HousemanSupreme Court of the United States · 1876
- Dudley v. . MayhewNew York Court of Appeals · 1849
- Slemmer's AppealSupreme Court of Pennsylvania · 1868
- Gibson v. WoodworthNew York Court of Chancery · 1840
- Morse Arms Manufacturing Co. v. United StatesUnited States Court of Claims · 1880
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