Graham v. McCormick
District Court, N.D. Illinois
In Equity. This case was argued before the circuit judge and Judge Dyer, of the eastern district of Wisconsin, the parties having requested the latter to sit with the circuit judge in this case, inasmuch as a case involving the. same questions under the patent had been heard by him at Milwaukee. and was yet undecided.
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In Equity. This case was argued before the circuit judge and Judge Dyer, of the eastern district of Wisconsin, the parties having requested the latter to sit with the circuit judge in this case, inasmuch as a case involving the. same questions under the patent had been heard by him at Milwaukee. and was yet undecided. Judge Dyer did not officially sit in this ease, but he heard the arguments and participated in the consultation, after which the following opinion was delivered, which, although given by the circuit judge, may be regarded as the joint opinion of both.
1Opinion of the CourtDrummond, C. J.
This is a hill filed by the plaintiff as assignee of A. B. Graham, -to whom a patent was issued on the eleventh of February, 1868. The controversy arises only upon the first and second claims of that patent. • Various objections have been made to the patent, and to the right of the plaintiff to maintain suit thereon.
It is objected by the defendants that the Graham patent is invalid because the invention was in public use and on sale for more than two years prior to the application for a patent. The first conception in the mind of the patentee seems to have been in the winter of 1862-3, and…
2Cited by19 opinions
- Ide v. Trorlicht, Duncker & Renard Carpet Co.Court of Appeals for the Eighth Circuit · 1902
- Andrews v. HoveySupreme Court of the United States · 1888
- Century Electric Co. v. Westinghouse Electric & Mfg. Co.Court of Appeals for the Eighth Circuit · 1911
- Butler v. ShawU.S. Circuit Court for the District of Massachusetts · 1884
- Anderson v. CollinsCourt of Appeals for the Eighth Circuit · 1903
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