Legal Opinion

Roemer v. Simon

Supreme Court of the United States

Decided November 18, 1877No. 40PublishedCited by 23 opinions

Appeal from the .Circuit Court of tbe United States for the District.of New Jersey. ■ This is a suit by William Roemer against the appellee for the infringement of letters-patent No. 56,801, granted to him July 31, 1866, for an improvement in travelling-bags.

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Appeal from the .Circuit Court of tbe United States for the District.of New Jersey. ■ This is a suit by William Roemer against the appellee for the infringement of letters-patent No. 56,801, granted to him July 31, 1866, for an improvement in travelling-bags. The answer set up among the defences the want of novelty of the improvement, and the knowledge and use of it prior to the alleged invention of the complainant. ■ Upon the final hearing, the court below dismissed the bill; whereupon the complainant appealed here. The other facts are set forth in the opinion of the court.

1Opinion of the CourtJustice Clifford

Patentees or assignees in a suit for infringement, where the patent described in the bill of complaint is introduced in evidence, are presumed to be the original and first inventors of the described improvement; and, if they have proved the alleged infringement, the burden of proof is cast upon the respondents, to show that the patent is invalid, unless the patent is-materially defective in. form. •

Parties defendants súed as infringers are not allowed, in an action at law, to set up the defence of a prior invention, knowledge, or use of the thing patented, unless they have given notice of…

2Cases cited4 opinions

  1. Seymour v. OsborneSupreme Court of the United States · 1871
  2. Dunbar v. MyersSupreme Court of the United States · 1876
  3. Teese v. HuntingdonSupreme Court of the United States · 1860
  4. Blanchard v. PutnamSupreme Court of the United States · 1869

3Cited by23 opinions

  1. Loom Co. v. HigginsSupreme Court of the United States · 1882
  2. Planing-Machine Co. v. KeithSupreme Court of the United States · 1880
  3. Smith & Davis Manuf'g Co. v. MellonCourt of Appeals for the Eighth Circuit · 1893
  4. V. D. Anderson Co. v. Helena Cotton Oil Co.District Court, E.D. Arkansas · 1953
  5. Dimet Proprietary, Ltd. v. Industrial Metal Protectives, Inc.District Court, D. Delaware · 1952

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