Elastic Fabrics Co. v. Smith
Supreme Court of the United States
Appeal from the Circuit Court of the United States for the District of Massachusetts. This is a bill in equity, filed Nov. 19,1868, by William Smith against the Glendale Elastic Fabrics Company, wherein he alleges that he is the original and first inventor of certain new and useful improvements in corded and elastic fabrics, for whicl letters-patent of the United States No. 9653, dated April 5, 1853, were, in due form, issued to him; that the letters, after they were…
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Appeal from the Circuit Court of the United States for the District of Massachusetts. This is a bill in equity, filed Nov. 19,1868, by William Smith against the Glendale Elastic Fabrics Company, wherein he alleges that he is the original and first inventor of certain new and useful improvements in corded and elastic fabrics, for whicl letters-patent of the United States No. 9653, dated April 5, 1853, were, in due form, issued to him; that the letters, after they were extended, March 28, 1867, for seven years, were finally reissued in three parts, — reissue No. 2848, Jan. 14, 1868, division A,…
1Opinion of the CourtChief Justice Waite
For all practical purposes, except costs, the appellant was successful in the court below. While the validity of the appellee’s patent was sustained, it was a fruitless victory to him, because the patent expired before the determination of the suit, and the court found that he was not entitled to recover from the appellant either profits or damages. As the decree stands, it sustains an- expired patent, and does no more. When it was rendered against him, the appellant was left at liberty to use the patented machine in any way he chose, and- he has not been required to pay any thing for the use…
2Cases cited1 opinion
- Canter v. American InsuranceSupreme Court of the United States · 1830
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- Guardian Trust Co. v. Kansas City Southern Ry. Co.Court of Appeals for the Eighth Circuit · 1928
- Paper-Bag MacHine Co. v. NixonSupreme Court of the United States · 1882
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