Blanchard v. Putnam
Supreme Court of the United States
Error to the Circuit Court for the Southern District of Ohio, the case being thus : The 15th section of the Patent Act enacts, that whenever the defendant relies in his defence on the fact of a previous invention, knowledge, or use of the thing patented, “ he shall state in his notice of special, matter, the names and places of residence of those whom he. intends to prove to have possessed a prior knowledge'of the thing, and where the same had been used,” an.d if he does not…
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Error to the Circuit Court for the Southern District of Ohio, the case being thus : The 15th section of the Patent Act enacts, that whenever the defendant relies in his defence on the fact of a previous invention, knowledge, or use of the thing patented, “ he shall state in his notice of special, matter, the names and places of residence of those whom he. intends to prove to have possessed a prior knowledge'of the thing, and where the same had been used,” an.d if he does not comply with that requirement no such evidence can be received under the general issue. With this statute in force,…
1Opinion of the CourtJustice Clifford
delivered $ie opinion of the court.
Damages for the infringement of letters patent may be recovered by the patentee, or by his assignee of the whole interest, or by his grantee of the exclusive right within and throughout any specified district, by a suit in equity or by an action on the case, at the election of the holder of the legal title.*
Letters patent were granted to Thomas Blanchard, December 18th. 1849, for a new and useful improvement in bending wood, for and during the term of fourteen years from that date, but the specification being imperfect, on the fifteenth of November, 1859, he…
2Cases cited2 opinions
- Philadelphia & Trenton Railroad v. StimpsonSupreme Court of the United States · 1840
- Carver v. Braintree Manuf'g Co.U.S. Circuit Court for the District of Massachusetts · 1843
3Cited by19 opinions
- Westinghouse Electric & Manufacturing Co. v. Formica Insulation Co.Supreme Court of the United States · 1924
- Herman v. Youngstown Car Mfg. Co.Court of Appeals for the Sixth Circuit · 1911
- Hartford-Empire Co. v. OBEARNESTER GLASS CO.Court of Appeals for the Eighth Circuit · 1938
- Freeman v. AltvaterCourt of Appeals for the Eighth Circuit · 1933
- Roemer v. SimonSupreme Court of the United States · 1877
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