Legal Opinion · Dissent

Hotchkiss v. Greenwood

Supreme Court of the United States

Decided February 19, 1851Published

■ This case was brought up, by writ of error, from the Circuit Court of the United States for the District of Ohio. It was a question involving the validity of a patent right, under the following circumstances. The patent and specification were as follows: — “ The United States of America, to all to whom these letters patent shall come.

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■ This case was brought up, by writ of error, from the Circuit Court of the United States for the District of Ohio. It was a question involving the validity of a patent right, under the following circumstances. The patent and specification were as follows: — “ The United States of America, to all to whom these letters patent shall come. Whereas John G. Hotchkiss, New Haven, Conn., John A Davenport, and John W. Quincy, New York, have alleged that they have invented a new and useful improvement in maldng door and other knobs, of all kinds of clay used in pottery, and of porcelain, which they…

1DissentJustice Woodbury

dissented.

I feel obliged to dissent from my brethren in this case. It is chiefly, however, in regard to the manner in which some of the facts were submitted to the jury; but, involving as it does an important principle in the practice under our patent system, it may be useful to explain the grounds of my dissent.

It is agreed, that in July, 1841, John G. Hotchkiss and two others obtained a patent for what they described as “ a new and useful improvement in making door and other knobs of all kinds of clay used in pottery, and of porcelain.”

The- first question of law which arises on the record…

2Cases cited2 opinions

  1. Earle v. SawyerU.S. Circuit Court for the District of Massachusetts · 1825
  2. Kneass v. Schuylkill BankU.S. Circuit Court for the District of Pennsylvania · 1820

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