Marsh v. Nichols, Shepard & Co.
Supreme Court of the United States
APPEALS FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE EASTERN DISTRICT OF MICHIGAN. The case, as stated by the court, was as follows: This is a suit in equity for the infringement of an alleged patent of the United States, which, it is averred, was obtained by the complainant Marsh and his assignee and coTcomplainant, Lefever, for a new and useful improvement in steam-engine valve-gear, with a prayer that the defendant corporation may be required to account for and pay…
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APPEALS FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE EASTERN DISTRICT OF MICHIGAN. The case, as stated by the court, was as follows: This is a suit in equity for the infringement of an alleged patent of the United States, which, it is averred, was obtained by the complainant Marsh and his assignee and coTcomplainant, Lefever, for a new and useful improvement in steam-engine valve-gear, with a prayer that the defendant corporation may be required to account for and pay over to the complainants the' profits acquired by it and damages sustained by them by its unlawful acts, and be…
1Opinion of the CourtJustice Field
In support of their appeal the appellants contend in substance as follows:
1st. That the defendant could not impeach the patent for the irregularity in its signing and issue, this not being apparent on its face, without pleading such defence and regularly putting the question in issue;
2d. That the patent being regular on its face, evidence to show that the signature was irregularly placed to it was incompetent;
3d. That the correction of the omission in the patent was within the power of the Acting Secretary of the Interior at the time; that when the omission was thus remedied the patent was…
2Cases cited10 opinions
- Wayman v. SouthardSupreme Court of the United States · 1825
- Smelting Co. v. KempSupreme Court of the United States · 1882
- Gayler v. WilderSupreme Court of the United States · 1851
- Steel v. Smelting Co.Supreme Court of the United States · 1882
- Mahn v. HarwoodSupreme Court of the United States · 1884
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