Haven v. Brown
U.S. Circuit Court for the District of Southern Ohio
Demurrer to bill in equity. Suit brought [by James L. Haven & Co.] upon letters patent [No. 58,437], for “improvement in bedstead fastenings,” granted to John Lemmon, October 2, 180(5, assigned to complainants and reissued to them June 14,1870. The bill, after setting forth the grant, assignment, and reissue of the patent, charged infringement in the following words: “Yet, the said defendants, well knowing the premises and the rights secured to your orators aforesaid, but…
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Demurrer to bill in equity. Suit brought [by James L. Haven & Co.] upon letters patent [No. 58,437], for “improvement in bedstead fastenings,” granted to John Lemmon, October 2, 180(5, assigned to complainants and reissued to them June 14,1870. The bill, after setting forth the grant, assignment, and reissue of the patent, charged infringement in the following words: “Yet, the said defendants, well knowing the premises and the rights secured to your orators aforesaid, but contriving to injure your orators, and to deprive them of the benefits and advantages which might, and otherwise would,…
1Opinion of the Court
SWAYNE, Circuit Justice.
The bill in this case is founded upon a patent originally granted to one John Lemmon, and by him assigned to the complainants, who subsequently procured a reissue, upon which the suit is brought. The bill fails to describe the nature of the improvements, either in the language of the specification or in any other way. It merely declares that the patent is for an improvement in bedstead fastenings, and in the same general terms it alleges the infringement of the reissued patent by the defendants.
To this bill the defendants demur, and for cause show that the complainants…
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