Stillwell v. McPherson
U.S. Circuit Court for the District of Northern New York
In Equity. Demurrer to bill of complaint for alleged infringement of United States letters patent.
1Opinion of the Court
RAY, District Judge.
Two grounds of demurrer are urged: First, that title is not shown in the complainant; and, second, that on the face of the bill, the letters patent being a part thereof, it appears that the same are void for want of patentable invention.
When the court has any doubt, a demurrer should not be sustained on the latter ground. Where the court has no doubt, the demurrer ought to be sustained, if want of patentable invention is plain. The courts have said this many times. If there is doubt, the complainant should be allowed to show “a long-felt want,” that he has supplied it, and…
2Cited by4 opinions
- Stillwell v. McPhersonCourt of Appeals for the Second Circuit · 1910
- Chirurg v. Knickerbocker Steam Towage Co.District Court, D. Maine · 1910
- Gilbert Mfg. Co. v. Post & Lester Co.U.S. Circuit Court for the District of Connecticut · 1911
- Acme Steel Goods Co. v. American Metal Fasteners Co.District Court, N.D. Illinois · 1913