Dable Grain Shovel Co. v. Flint
Supreme Court of the United States
ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE NORTHERN DISTRICT OF ILLINOIS. This was an action for the infringement of two patents for improvements in machinery for unloading grain from railroad cars, issued in 1866 and 1868 to John Dable, and by him since assigned to the plaintiff.
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ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE NORTHERN DISTRICT OF ILLINOIS. This was an action for the infringement of two patents for improvements in machinery for unloading grain from railroad cars, issued in 1866 and 1868 to John Dable, and by him since assigned to the plaintiff. The defendants filed several pleas, the fourth of which averred “that the only machines for unloading grain from railroad cars, ever used by them during the life of either of said patents set forth in said declaration, were constructed and put into use in their grain elevators by the said John Dable,…
1Opinion of the CourtJustice Gray
The fourth plea is based upon section 7 of the act of March 3, 1839, c. 88, (in force when the patents were granted,) providing that “every person or corporation, who has or shall have purchased or constructed any newly invented machine,
manufacture or composition of matter, prior to the application by the inventor and discoverer for a patent, shall be held to possess the right to. use, and vend to others to be used, the specific machine, . manufacture or composition of matter so made or purchased, without liability therefor to the inventor or any other person interested in such invention.” 5…
2Cases cited3 opinions
- Brown v. DuchesneSupreme Court of the United States · 1857
- Marsh v. Nichols, Shepard & Co.Supreme Court of the United States · 1888
- Wade v. MetcalfSupreme Court of the United States · 1889
3Cited by17 opinions
- Macbeth-Evans Glass Co. v. General Electric Co.Court of Appeals for the Sixth Circuit · 1917
- Holland v. General Motors CorporationDistrict Court, W.D. New York · 1947
- Jones v. UlrichAppellate Court of Illinois · 1950
- Fulmer v. United StatesDistrict Court, N.D. Alabama · 1949
- Lexmark International, Inc. v. Impression Products, Inc.Court of Appeals for the Federal Circuit · 2016
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