Pitts v. Whitman
U.S. Circuit Court for the District of Maine
This was a case for the infringement of a patent granted to Hiram A. Pitts and John A. Pitts, as inventors of “a new and useful improvement in the machine for threshing and cleaning grain.”
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This was a case for the infringement of a patent granted to Hiram A. Pitts and John A. Pitts, as inventors of “a new and useful improvement in the machine for threshing and cleaning grain.” The patent was dated on the 29th of December, A. D. 1837 [No. 542]. The writ was dated on 3d of October, 1840; and the plaintiff in his declaration alleged an assignment by John A. Pitts to himself of all his (John A. Pitts') right in the invention, for, in, and within the state of Maine; and tko breach alleged was, that the defendant [Luther Whitman] after the assignment, unlawfully made, used, and vended…
1Opinion of the Court
STORY, Circuit Justice.
There is no ground to support, the motion in arrest of judgment, which indeed ought properly to be heard after the motion for a new trial, which, if granted, might supersede the other motion. The short answer to be given to the motion in arrest of judgment is, that the profert of the letters-patent (of which the specification constitutes a part,) makes the letters-patent, when produced, a part of the declaration, and so gives all his certainty as to the invention and improvement patented, which is required by law. It would indeed be more formal to annex a copy of the…
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- Searle v. HillSupreme Court of Iowa · 1887
- Bonney Supply Co. v. HeltzelDistrict Court, N.D. Ohio · 1917
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