Lyon v. Boh

(after stating the facts as above). By taking notice of the decision in the Ninth Circuit in Weaver v. American Chain Co., and, remembering that equity acts in prassenti, we find ourselves in a legal atmosphere quite different from that prevailing in the court below, when its decision herein was rendered.

The parties to this suit, as against each other, can no longer anywhere assert that Lyon invented the subject-matter of his patent before Hoover invented that of his; but all controversy about that point is now beside the mark, for the same parties can never anywhere, as against each other,…