Legal Opinion

Seymour v. Osborne

Supreme Court of the United States

Decided January 18, 1871PublishedCited by 489 opinions

Appeal from the Circuit Court for the Northern District of New York. The suit below was on a bill by W. H. Seymour and D. S. Morgan, for the infringement by Osborne of five patents owned by them, for improvement in reaping, machinei-y.

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Appeal from the Circuit Court for the Northern District of New York. The suit below was on a bill by W. H. Seymour and D. S. Morgan, for the infringement by Osborne of five patents owned by them, for improvement in reaping, machinei-y. Two of these patents covered the inventions of Seymour —one (No. 72) relating to the shape or construction of the grain platforms, and its special location in reference to the cutting apparatus — the other (No. 1683) involving the gathering-reel as an additional element to the combination just named.* The other three patents in controversy were granted to…

1Opinion of the CourtJustice Clifford

Controversies respecting the infringement of letters patent possess, in many cases, a degree of importance much beyond the profits or damages claimed for the alleged unlawful use of the invention, as the pleadings usually put in issue, in one form or another, the validity of the letters patent alleged to be infringed, and frequently involve, directly or indirectly, the same inquiry in regard to the letters patent set up in defence as superseding the patent on which the suit is founded. Such being the state of the pleadings, the result, whatever it may be, whether for the party suing or for…

2Cases cited4 opinions

  1. Philadelphia & Trenton Railroad v. StimpsonSupreme Court of the United States · 1840
  2. Prouty and Mears v. RUGGLESSupreme Court of the United States · 1842
  3. Washburn v. GouldU.S. Circuit Court for the District of Massachusetts · 1844
  4. Barrett v. HallU.S. Circuit Court for the District of Massachusetts · 1818

3Cited by489 opinions

  1. Edward H. Phillips v. Awh Corporation, Hopeman Brothers, Inc., and Lofton Corporation, Defendants-CrossCourt of Appeals for the Federal Circuit · 2006
  2. Herbert Markman and Positek, Inc. v. Westview Instruments, Inc. And Althon Enterprises, Inc.Court of Appeals for the Federal Circuit · 1995
  3. Graver Tank & Mfg. Co. v. Linde Air Products Co.Supreme Court of the United States · 1950
  4. Teva Pharm. United States, Inc. v. Sandoz, Inc.Supreme Court of the United States · 2015
  5. United States v. AdamsSupreme Court of the United States · 1966

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