Sparkman v. Higgins
U.S. Circuit Court for the District of Southern New York
In equity. This was a motion before Judge BETTS, sitting in the circuit court, to dissolve an injunction. The plaintiffs [Spark-man and Kelsey] were the patentees, under the act of August 29, 1S42 (5 Stat. 543), of a patent, issued July 24th, 1846, for a design for floor oil-cloth, called “The Gothic pavement pattern.”
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In equity. This was a motion before Judge BETTS, sitting in the circuit court, to dissolve an injunction. The plaintiffs [Spark-man and Kelsey] were the patentees, under the act of August 29, 1S42 (5 Stat. 543), of a patent, issued July 24th, 1846, for a design for floor oil-cloth, called “The Gothic pavement pattern.” The bill alleged an infringement by the defendants Higgins & Co., by selling, and by the defendants, C. & E. Harvey, by making oil-cloths of the patented pattern. An injunction was granted on the bill, and this motion to dissolve it was made on affidavits. The defendants…
1Opinion of the Court
BETTS, District Judge..The ■ plaintiffs have an injunction, granted on their bill of complaint. The defendants move to -discharge it, on affidavits; and unless their proofs overcome the equity of the bill, and the evidence supporting it, the motion must *879be denied. They may make out a different ease at the final hearing; but this motion must depend on what is now presented to , the court.
The study of the courts has recently been, and especially since the patent acts of 1836 and 1839 15 Stat. 117,333], to carry out the protection of the law to inventors, so as to secure to them the full benefit…
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