Woodcock v. Parker
U.S. Circuit Court for the District of Massachusetts
This was an action on the case for a violation of a patent right of the plaintiff for splitting leather. The cause was tried at this term before Story, J., in the absence of the district judge. The plaintiff [John Woodcock], at the trial, produced his letters patent, dated 8th May, 1809, securing to him the patent right of a machine for splitting leather.
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This was an action on the case for a violation of a patent right of the plaintiff for splitting leather. The cause was tried at this term before Story, J., in the absence of the district judge. The plaintiff [John Woodcock], at the trial, produced his letters patent, dated 8th May, 1809, securing to him the patent right of a machine for splitting leather. The defendants [David Parker and another] admitted the use of a similar machine, but contended that the machine was the invention of one Samuel Parker, (under 'whom they claimed, who had obtained his original letters patent for the same…
1Opinion of the Court
STORY, Circuit Justice,
in summing up the cause, directed the jury as follows: The first inventor is entitled to the benefit of his invention, if he reduce it to practice and obtain a patent therefor, and a subsequent inventor cannot, by obtaining a patent therefor, oust the first inventor of his right, or maintain an action against him for the use of his own invention. In the present case, as the defendants claim their right to use the machine in controversy by a good derivative title from Samuel Parker, if the jury are satisfied that said Parker was the first and original inventor of the…
2Cited by4 opinions
- Automatic Weighing Mach. Co. v. Pneumatic Scale Corp.Court of Appeals for the First Circuit · 1909
- Christie v. SeyboldCourt of Appeals for the Sixth Circuit · 1893
- Head v. Stevens & SimondsNew York Supreme Court · 1838
- Davis v. BellSuperior Court of New Hampshire · 1837