Terhune v. Phillips
Supreme Court of the United States
Appeal from the Circuit Court of the United States for the Northern District of Illinois. This was a bill in equity by Matthias Terhune against John Phillips and Wellington Phillips, praying for an injunction restraining them from using or vending, or in any manner putting into practical operation or use, the corner sockets for show-cases for an improvement in which reissued letters-patent No. 5748 had been granted to the complainant by the United States, Jan. 27, 1874. It…
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Appeal from the Circuit Court of the United States for the Northern District of Illinois. This was a bill in equity by Matthias Terhune against John Phillips and Wellington Phillips, praying for an injunction restraining them from using or vending, or in any manner putting into practical operation or use, the corner sockets for show-cases for an improvement in which reissued letters-patent No. 5748 had been granted to the complainant by the United States, Jan. 27, 1874. It appears by the specification forming a pait.of the letters-patent that the invention for which they were granted “ has…
1Opinion of the CourtJustice Swayne
The determination of this case is controlled by Brown et al. v. Piper, 91 U. S. 37. We cannot fail to take judicial notice that the thing patented was known and in general use long before the issuing of the patent. The substitution of metal for wood was destitute both of patentable invention and utility. The admission of improper testimony, if it occurred, was, therefore, immaterial. The case of the appellant as it appears in the record, without any testimony, is clear and conclusive against him.
Decree affirmed.
2Cases cited1 opinion
- Brown v. PiperSupreme Court of the United States · 1875
3Cited by25 opinions
- Potts v. CreagerSupreme Court of the United States · 1895
- Florsheim v. SchillingSupreme Court of the United States · 1890
- Phillips v. DetroitSupreme Court of the United States · 1884
- King v. GallunSupreme Court of the United States · 1883
- Black Diamond Coal Mining Co. v. Excelsior Coal Co.Supreme Court of the United States · 1895
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