Marsh v. Seymour
Supreme Court of the United States
Appeals from the Circuit Court’ of tlie United States for the Eastern and the Western District of Pennsylvania. The bill in the first case was filed in the Circuit Court of the United States for the Eastern District of Pennsylvania, by William H. Seymour and Dayton S. Morgan, of New York, to restrain the respondents, James S. Marsh, Elisha C. Marsh, Charles C. Marsh, and John A. Grier, from infringing reissued letters-patent No. 72, dated May 7, 1864, and No. 1683, dated.
Read the full summary
Appeals from the Circuit Court’ of tlie United States for the Eastern and the Western District of Pennsylvania. The bill in the first case was filed in the Circuit Court of the United States for the Eastern District of Pennsylvania, by William H. Seymour and Dayton S. Morgan, of New York, to restrain the respondents, James S. Marsh, Elisha C. Marsh, Charles C. Marsh, and John A. Grier, from infringing reissued letters-patent No. 72, dated May 7, 1864, and No. 1683, dated. May 31, 1864, for new and useful improvements in reaping-machines, and reissued letters No. 1682, dated May 31, 1864, for…
1Opinion of the CourtJustice Clifford
Owners of a patent, whether patentees or assignees, may seek redress for the unlawful use of the improvement which it secures, in the Circuit Court, by a suit at law or in equity, at their option; but in either form of proceeding they must allege and prove that they, or those under whom they claim, are the original and first inventors of the improvement, and that the opposite party or parties have infringed their exclusive right to make or use the same, or vend it to others to be used. Both allegations must be proved; but the letters-patent, if iritroduced and in due form, afford a prima…
2Cases cited1 opinion
- Seymour v. OsborneSupreme Court of the United States · 1871
3Cited by18 opinions
- Tilghman v. ProctorSupreme Court of the United States · 1888
- Bellavance v. Plastic-Craft Novelty Co.District Court, D. Massachusetts · 1939
- In Re Lawrence B. LockwoodCourt of Appeals for the Federal Circuit · 1995
- Schiebel Toy & Novelty Co. v. ClarkCourt of Appeals for the Sixth Circuit · 1914
- Mathey v. United Shoe MacHinery CorporationDistrict Court, D. Massachusetts · 1944
13 more not listed; retrieve them via the Exa API.