Bates v. Coe
Supreme Court of the United States
Appeal from the Circuit Court of the United States for the Southern District of Ohio. The facts are stated in the opinion of the court.
1Opinion of the CourtJustice Clifford
Persons sued as infringers in a suit in equity, if they give the required notice in their answer, may prove at the final hearing the same special matters in defence to thé charge of infringement as those which the defendant, in an action at law, may set up under like conditions.
Defences of the kind which it is important to notice in the present case are the following: 1. That the patentee is not the original and first inventor of any material and substantial part of the thing patented. 2. That the improvement had been patented or described in some printed publication prior to the supposed…
2Cases cited4 opinions
- Seymour v. OsborneSupreme Court of the United States · 1871
- Pennock v. DialogueSupreme Court of the United States · 1829
- Gill v. WellsSupreme Court of the United States · 1874
- Reeside v. United StatesSupreme Court of the United States · 1869
3Cited by218 opinions
- MARKMAN Et Al. v. WESTVIEW INSTRUMENTS, INC., Et Al.Supreme Court of the United States · 1996
- Edward H. Phillips v. Awh Corporation, Hopeman Brothers, Inc., and Lofton Corporation, Defendants-CrossCourt of Appeals for the Federal Circuit · 2006
- Herbert Markman and Positek, Inc. v. Westview Instruments, Inc. And Althon Enterprises, Inc.Court of Appeals for the Federal Circuit · 1995
- Autogiro Company of America v. The United StatesUnited States Court of Claims · 1967
- Structural Rubber Products Company v. Park Rubber Company and International Metals and MacHines Inc.Court of Appeals for the Federal Circuit · 1984
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