Delemater v. Heath
Court of Appeals for the Second Circuit
Appeal from the Circuit Court of the United States for the Southern District of New York. In Equity. Suit by William Delemater and auother against Mareellus C. Heath for infringement of a patent. The court below dismissed the bill, and complainants appeal.
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Appeal from the Circuit Court of the United States for the Southern District of New York. In Equity. Suit by William Delemater and auother against Mareellus C. Heath for infringement of a patent. The court below dismissed the bill, and complainants appeal. Statement by LACOMBE,“Circuit Judge: This is an appeal from a decree of the circuit court in the southern district of New York, dismissing' a bill in equity brought for the infringement of reissued letters patent No. 9,414, granted to Hie assignees of the late John Ericsson on October 24, 1880, and assigned by mesne assignments to the…
1Opinion of the Court
LACOMBE, Circuit Judge,
(after stating the facts.) Of the defense of prior use and sale, as shown by the proof in this case, it >it is to be said that much of the perplexity which usually accompanies such a defense is not present,. There is no question as to the measure of credit to be given to the unaided memory of individuals as to remote dates, or as to the structure of a machine seen years before. Of ttie four or five engines that were sold and used two are exhibits in the case, and it is not disputed that the others so sold and used were of the same model, while the dai.es on which they…
2Cases cited5 opinions
- Elizabeth v. Pavement Co.Supreme Court of the United States · 1878
- Egbert v. LippmannSupreme Court of the United States · 1881
- Smith & Griggs Manufacturing Co. v. SpragueSupreme Court of the United States · 1887
- Consolidated Fruit-Jar Co. v. WrightSupreme Court of the United States · 1877
- Hall v. MacNealeSupreme Court of the United States · 1883
3Cited by15 opinions
- National Hollow Brake-Beam Co. v. Interchangeable Brake-Beam Co.Court of Appeals for the Eighth Circuit · 1901
- McCormick Harvesting Mach. Co. v. C. Aultman & Co.Court of Appeals for the Sixth Circuit · 1895
- Consolidated Bunging Apparatus Co. v. Metropolitan Brewing Co.Court of Appeals for the Second Circuit · 1894
- Wendell v. American Laundry Machinery Co.Court of Appeals for the Third Circuit · 1918
- Swain v. Holyoke Machine Co.Court of Appeals for the First Circuit · 1901
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