Boykin, Carmer & Co. v. Baker & Co.

Morris, D. J.

This bill is filed by the complainants, Boykin, Carmer & Co., against the defendants, B. J. Baker & Co., for an alleged infringement of patent No. 206,077, granted to the complainants July 16, 1878, upon application dated March 1, 1878, for an improved fertilizing compound. The respondents admit that they have been selling the same materials for fertilizing purposes in the same proportions as mentioned in the patented formula, but they claim that they had been doing so long before the date of the patent, and that the patent is invalid for want of novelty.

The compound described in…