Bohlman v. American Paper Goods Co.

SMITH, District Judge.

This is a civil action which has for its objects: First, the impression of a trust ex maleficio upon a patent, the subject matter of which is an invention allegedly disclosed by the plaintiff to the defendant and wrongfully appropriated by the latter to its own use; second, the restraint of the further use and exploitation of the invention; and third, an accounting for illicit profits and a recovery for damages. The defendant urges, as a defense to the action, the failure of the plaintiff to apply for a patent, and the public use of the invention for a period of two…