Legal Opinion

Shuter v. Davis

U.S. Circuit Court for the District of Southern New York

Decided May 25, 1883PublishedCited by 5 opinions

In Equity.

1Opinion of the CourtWallace, J.

The proofs satisfactorily establish infringement by defendants of complainants’ patent. The defense that Mark Davis was the original and first inventor of the patented improvement, and that complainants obtained the patent in fraud of his rights, although supported by somewhat impressive probabilities and the testimony of several witnesses, is met by strong opposing proofs on the part of the complainants. Under the circumstances, the presumption arising from the grant of the patent to the complainants is not sufficiently overthrown, and must prevail. But it also appears that the defendants…

2Cases cited1 opinion

  1. Hanford v. WestcottU.S. Circuit Court for the District of New Jersey · 1879

3Cited by5 opinions

  1. Thomson Spot Welder Co. v. Ford Motor Co.Supreme Court of the United States · 1924
  2. John Morrell & Co. v. DoyleDistrict Court, E.D. Illinois · 1937
  3. R. Thomas & Sons Co. v. Electric Porcelain & Mfg. Co.U.S. Circuit Court for the District of New Jersey · 1901
  4. Appleton v. EcaubertU.S. Circuit Court for the District of Eastern New York · 1894
  5. General Electric Co. v. City of DunkirkDistrict Court, W.D. New York · 1913

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