Collender v. Griffith
U.S. Circuit Court for the District of Southern New York
[In equity. Bills by Hugh W. Collender against William H. Griffith to restrain infringement of letters patent No. 145,787, granted to complainant December 23, 1S73.)
1Opinion of the Court
WOODRUFF, Circuit Judge.
These two suits were submitted together upon the same proofs. The only question argued by counsel was, whether the testimony of certain witnesses called to prove the want of novelty in the alleged invention or new design, and who mention the knowledge and use thereof *105by persons not named in tbe defendant’s answer, is competent. On that question, I must hold, that evidence of the knowledge ■and use by persons not so named is incompetent. and must be rejected. The court has no discretion on the subject. Such knowledge and use is not a defence, under the statute (Act July…
2Cases cited1 opinion
- Collender v. Griffith & Co.U.S. Circuit Court for the District of Southern New York · 1880
3Cited by2 opinions
- Yuengling v. SchileU.S. Circuit Court for the District of Southern New York · 1882
- Barnes v. MinerU.S. Circuit Court for the District of Southern New York · 1903