Legal Opinion

Carter v. Baker

U.S. Circuit Court for the District of California

Decided March 26, 1871PublishedCited by 5 opinions

[This was an action by George R. Carter and others against L. L. Carter and others to recover damages for the infringement of letters patent No. S3.283, granted to H. R. Huic, October 20, ISOS.]

1Opinion of the Court

SAWYER, Circuit Judge,

charged the jury as follows:

Gentlemen of the Jury: As you have already been informed, this is an action for an infringement of a patent in gang-plows. The plaintiffs claim that their assignor, Huie, invented a new and useful improvement in the implement named, which was not known or used by others, at the time of his invention, and which was not, at the time of his application for a patent, in public use, or on sale, with his consent or allowance.

The improvement claimed to have been made consists in the arrangement and combination of the several simple and separate…

2Cited by5 opinions

  1. Rite-Hite Corporation v. Kelley Company, Inc.Court of Appeals for the Federal Circuit · 1995
  2. Lubbee v. HilgertAppellate Division of the Supreme Court of the State of New York · 1909
  3. Butz Thermo-Electric Regulator Co. v. Jacobs Electric Co.U.S. Circuit Court for the District of Eastern Wisconsin · 1888
  4. Pacific Cable Ry. Co. v. Butte City St. Ry. Co.U.S. Circuit Court for the District of Montana · 1893
  5. Rite-Hite Corp. v. Kelley Co.Court of Appeals for the Federal Circuit · 1995

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