United States v. Colgate
U.S. Circuit Court for the District of Southern New York
This was an action to repeal letters patent. The case first came up on motion for a preliminary injunction, which was refused. 21 Fed. Rep. 318. Hearing on the demurrer to the bill for want of power in the court, and failure of the bill to state a case calling for relief in equity.
1Opinion of the Court
Wallace, J.,
(orally.) There are no allegations in the bill charging fraud or false suggestion on the part of the applicant in his application for a patent. At most, the allegations show that there was no novelty in the invention, and inferentinlly that lie, knowing the prior state of the art, which was public knowledge, must have known there was no novelty. All the facts alleged to show want of novelty seem to have been considered in the case of Colgate v. Telegraph Co., 19 Fed. Rep. 828, where they were set up in the answer, and where the patent was sustained. This branch of the bill,…
2Cited by2 opinions
- Bowers v. San Francisco Bridge Co.U.S. Circuit Court for the District of Northern California · 1895
- Colgate v. United StatesUnited States Court of Claims · 1929