Blessing v. Works.
U.S. Circuit Court for the District of Southern New York
At Law. Demurrer to a complaint for infringement of letters patent.
1Opinion of the CourtShipman, J.
This is a demurrer in an action at law for tho infringement of letters patent No. 80,441, dated July 28,1868, for an improvement in copper-lined bath-tubs. Two.grounds of demurrer are assigned: (1) That the complaint, of which the letters patent are made a jiart, by profert, does not state facts sufficient to constitute a cause of action, because it is apparent on the face of the patent that it does not contain a patentable invention. (2) That the complaint does not state that the invention had not been in public use or sale in this country for more than two years before the date of the…
2Cases cited4 opinions
- Brown v. PiperSupreme Court of the United States · 1875
- Slawson v. Grand Street RailroadSupreme Court of the United States · 1883
- Andrews v. HoveySupreme Court of the United States · 1887
- Poppenhusen v. FalkeU.S. Circuit Court for the District of Southern New York · 1862
3Cited by21 opinions
- Mumm v. Jacob E. Decker & SonsSupreme Court of the United States · 1937
- Thomson Spot Welder Co. v. Ford Motor Co.Supreme Court of the United States · 1924
- American Fibre-Chamois Co. v. Buckskin-Fibre Co.Court of Appeals for the Sixth Circuit · 1896
- Hayes-Young Tie Plate Co. v. St. Louis Transit Co.Court of Appeals for the Eighth Circuit · 1905
- Bayley & Sons, Inc. v. Braunstein Bros.District Court, S.D. New York · 1916
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