Roemer v. Simon
Supreme Court of the United States
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
- Seymour v. OsborneSupreme Court of the United States · 1871
- Dunbar v. MyersSupreme Court of the United States · 1876
- Teese v. HuntingdonSupreme Court of the United States · 1860
- Blanchard v. PutnamSupreme Court of the United States · 1869
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- Planing-Machine Co. v. KeithSupreme Court of the United States · 1880
- Smith & Davis Manuf'g Co. v. MellonCourt of Appeals for the Eighth Circuit · 1893
- V. D. Anderson Co. v. Helena Cotton Oil Co.District Court, E.D. Arkansas · 1953
- Dimet Proprietary, Ltd. v. Industrial Metal Protectives, Inc.District Court, D. Delaware · 1952
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