Hayes-Young Tie Plate Co. v. St. Louis Transit Co.
Court of Appeals for the Eighth Circuit
Appeal from the Circuit Court of the United States for the Eastern District of Missouri. The Hayes-Young Tie Plate Company, a corporation, exhibited its bill in the Circuit Court for the Eastern District of Missouri for relief from the infringement of letters patent No. 688,852, issued on December 17, 1901, to James N. Hayes and his assignees.
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Appeal from the Circuit Court of the United States for the Eastern District of Missouri. The Hayes-Young Tie Plate Company, a corporation, exhibited its bill in the Circuit Court for the Eastern District of Missouri for relief from the infringement of letters patent No. 688,852, issued on December 17, 1901, to James N. Hayes and his assignees. A demurrer to this bill was sustained, and it was dismissed on the ground that it did not state facts sufficient to constitute a cause of action. The material facts stated in the bill were these; On July 23, 1894, Hayes, the inventor, filed an…
1Opinion of the CourtSanborn, Circuit Judge
The fact that an invention was not in public use or on sale in this country for more than two years prior to the application for the patent is an indispensable condition of its validity, and an averment of that fact .is essential to the statement of a good cause of action for its infringement. U. S. Comp. St. 1901, § 4886, p. 3382; Walker on Patents (3d Ed.) § 425, p. 350; Krick v. Jansen (C. C.) 52 Fed. 823, 824; Nathan Mfg. Co. v. Craig (C. C.) 47 *82Fed. 522, 524; Blessing v. Copper Workc Co. (C. C) 34 Fed. 753. The chancellor below ruled that the bill in this case contained no allegation…
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