Serrell v. Collins
U.S. Circuit Court for the District of Southern New York
This was an aetio-n on the case [by Alfred T. Serrell against Denmark F. Collins and Abijah Pell] tried by Judge Ingersoll and a jury, for the infringement, of letters patent [No. 5,575] for “improvement in machinery for mating moldings,” granted to the plaintiff May 16, 1848, reissued January 7, 1851 [No. 187], and again reissued June 21, 1833 [No. 243]. The suit was founded upon the last reissue, the claims of which were as follows: “What I claim as new, and desire to…
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This was an aetio-n on the case [by Alfred T. Serrell against Denmark F. Collins and Abijah Pell] tried by Judge Ingersoll and a jury, for the infringement, of letters patent [No. 5,575] for “improvement in machinery for mating moldings,” granted to the plaintiff May 16, 1848, reissued January 7, 1851 [No. 187], and again reissued June 21, 1833 [No. 243]. The suit was founded upon the last reissue, the claims of which were as follows: “What I claim as new, and desire to secure by letters patent, is: First, the combination of a ring or rings with a cutter or cutters, for operating on an…
1Opinion of the CourtIngersoll, District Judge
(charging jury). This suit is brought to recover damages which the plaintiff says he has sustained, by the use, by the defendants, of a certain mode of making moldings, which the plaintiff says is a violation of his rights, secured by a certain patent, first granted to him in the year 1848, and subsequently reissued in June, 1853. By the laws of the United States, a patentee who has obtained a patent for a new and useful invention or improvement, has a right to surrender the patent which has been granted to him, if it is defective in the specification or in the claim of the thing discovered,…
2Cited by1 opinion
- Haines v. McLaughlinU.S. Circuit Court for the District of Northern California · 1886