Vaughan v. East Tennessee
U.S. Circuit Court for the District of Eastern Tennessee
[Bill to recover damages for infringement. It alleged an unlawful use of patented brakes on railroad cars of defendant, but as the number of brakes so used were not known to complainant [Daniel W. Vaughan], he prayed for a discovery, and asked for an account for gains made from the use of such brakes. Defendant demurred: 1st—Because, as alleged, complainant had an unembarrassed remedy at law. 2d— That the claim was barred by the statute of limitations.] 2
1Opinion of the Court
BROWN, District Judge.
Did the first ground of demurrer—viz., that complainant has a complete remedy at law—depend wholly upon the question whether the bill could be sustained after the expiration of the patent, upon the sole ground of infringement, I should feel compelled, in view of the change made in the patent laws by the Revised Statutes, to sustain the objection. By the 55th section of the act of July, 1870 [16 Stat. 206], which was itself a re-enactment of a like provision contained in the act of 1S36 [5 Stat. 117], it is enacted that “all actions, suits, controversies, and cases…
2Cases cited3 opinions
- Birdsall v. CoolidgeSupreme Court of the United States · 1876
- Harrison v. MetzMichigan Supreme Court · 1868
- Watkins v. HaightNew York Supreme Court · 1820