Black v. Thorne
Supreme Court of the United States
APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE SOUTHERN DISTRICT OF NEW YORK. This was a suit on the equity side of the court for the infringement of two patents, issued to the plaintiffs’ intestate, one for an alleged “ new and useful improvement for burning tan bark, bagasse, sawdust, and other kinds of fuel,, in a wet state, for the purpose of creating heat to generate steam, or to be employed in heating or drying operations; ” and the other for a “ new and…
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APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE SOUTHERN DISTRICT OF NEW YORK. This was a suit on the equity side of the court for the infringement of two patents, issued to the plaintiffs’ intestate, one for an alleged “ new and useful improvement for burning tan bark, bagasse, sawdust, and other kinds of fuel,, in a wet state, for the purpose of creating heat to generate steam, or to be employed in heating or drying operations; ” and the other for a “ new and useful improvement in furnaces, in using ás fuel bagasse and other carbonaceous substances, too wet to be conveniently…
1Opinion of the CourtJustice Field
After stating the facts in the foregoing language he continued:
The question presented for our determination relates to the correctness of these reports, the plaintiffs contending for the first one, the defendants for the second.
The rule adopted by the master in his first report, to ascertain the profits made by the defendants from the use of the improvements, was clearly 'wrong. The claims of the patents were confined to the use of the improvements to produce heat by the burning of wet fuel. The object sought was the production of heat. The question, therefore, was what advantage in its…
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- City of Boston v. AllenCourt of Appeals for the First Circuit · 1898
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