Moody v. Fiske
U.S. Circuit Court for the District of Massachusetts
Case [against Jonathan Fiske and others] for an infringement of certain patent rights, granted to the plaintiff [Paul Moody]. There were two counts on two distinct patents in the declaration, but the first was the only one relied on at the trial, being on a patent for “an improvement on the double speeder for roping cotton,” &e. The cause was tried on the general issue.
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Case [against Jonathan Fiske and others] for an infringement of certain patent rights, granted to the plaintiff [Paul Moody]. There were two counts on two distinct patents in the declaration, but the first was the only one relied on at the trial, being on a patent for “an improvement on the double speeder for roping cotton,” &e. The cause was tried on the general issue. The patent was dated the 3d of April, 1819, and the specification annexed to it, contained a very minute description of the double speeder as improved by the plaintiff, under distinct articles. In the first article the…
1Opinion of the Court
STORY, Circuit Justice.
Upon the last point there has hitherto been considerable difficulty in my mind. But- after a good deal of reflection on it, I have come to the result, that where the plaintiff claims, as in this case, several distinct and independent improvements in the same machine, and procures a patent for them in the aggregate, he is entitled to recover against any person who shall use any one of the improvements so patented, notwithstanding there has been no violation of the other improvements. In such a case, the patent goes for the whole of the improvements, and if each be new,…
2Cited by11 opinions
- Altoona Publix Theatres, Inc. v. American Tri-Ergon Corp.Supreme Court of the United States · 1935
- Triplett v. LowellSupreme Court of the United States · 1936
- United States Ex Rel. Steinmetz v. AllenSupreme Court of the United States · 1904
- Wilkins Shoe-Button Fastener Co. v. WebbU.S. Circuit Court for the District of Northern Ohio · 1898
- Head v. Stevens & SimondsNew York Supreme Court · 1838
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