Dawson v. Follen
U.S. Circuit Court for the District of Pennsylvania
The action was brought tor a violation of the plaintiff’s patent right for making suspenders [granted to him (J. Dawson) November 6, 180G.] The case was fully proved on tbe part of the plaintiff.
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The action was brought tor a violation of the plaintiff’s patent right for making suspenders [granted to him (J. Dawson) November 6, 180G.] The case was fully proved on tbe part of the plaintiff. But the defendant introduced a number of witnesses, who proved in the most positive manner, that suspenders, precisely similar to the plaintiff's, had been used in England ana France, before the plaintiff pretended to have made the discovery, and still longer before his patent issued. Some evidence was given, that the plaintiff had in his possession one of those suspenders, before he obtained his…
1Opinion of the Court
WASHINGTON. Circuit Justice
(PETERS, District Judge, absent), informed the jury, ¿hat to entitle the plaintiff to recover, they must be satisfied that he was the original inventor, not only in relation to the United States, but to other parts of the world; in which respect, the act of congress differed from the law of England on this subject That even if there were no proof that the plaintiff was acquainted with the circumstance, that the discovery had before been made, still he could not recover, if in truth he was not the original inventor. Upon the evidence, the charge was strongly against…
2Cited by1 opinion
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