Legal Opinion

Roberts v. Dickey

U.S. Circuit Court for the District of Western Pennsylvania

Decided May 15, 1871Published

This was a bill in equity, filed to restrain the defendant [James Dickey] from infringing letters patent [No. 59,936] for “improvement in method of increasing capacity of oil wells,” granted to Edward A. L. Roberts, November 20, 1S66, for seventeen years from May 20, 1S66 [reissued January 26, 1875, No. 6,258]. The specification, in full, was as follows: “Be it known that I, Edward A. L. Roberts, of the city, county, and state of New York, have invented a new and useful…

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This was a bill in equity, filed to restrain the defendant [James Dickey] from infringing letters patent [No. 59,936] for “improvement in method of increasing capacity of oil wells,” granted to Edward A. L. Roberts, November 20, 1S66, for seventeen years from May 20, 1S66 [reissued January 26, 1875, No. 6,258]. The specification, in full, was as follows: “Be it known that I, Edward A. L. Roberts, of the city, county, and state of New York, have invented a new and useful method of increasing the capacity of oil wells, and of restoring oil wells that have become clogged, to productiveness; and…

1Opinion of the Court

STRONG, Circuit Justice.

This case is a bill in equity, for an account, and for an injunction against further infringement of a patent, dated November 20, 1866, granted by the United States to the complainant for “a new and useful method of increasing the capacity of oil wells, and of restoring oil wells, that have become clogged, to productiveness.” The defense is rested, not so much upon a denial that the patent has been infringed by the defendant, as upon the assertion that the invention described is not a proper subject for a patent, or that (if it is) the patent is invalid for want of…

2Cases cited2 opinions

  1. Roberts v. WalleyU.S. Circuit Court for the District of Northern New York · 1882
  2. Roberts v. SchreiberU.S. Circuit Court for the District of Western Pennsylvania · 1880

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