Bourne v. Jones

BORAH, Circuit Judge.

Appellant, the plaintiff below, brought this suit against the appellee Luther Jones, claiming that the appellee had infringed on plaintiff’s plant patents numbers 203, 210 and 220, on three varieties of sugar cane, and praying for injunctive relief and an accounting. Answer was filed, and after a hearing at which evidence was taken the judge below made full, complete, and explicit findings of fact and handed down a written opinion holding the patents invalid on the ground of prior public use and also because the plaintiff was not the sole inventor, but a joint inventor…