Pope Manufacturing Co. v. Gormully & Jeffery Manufacturing Co.
Supreme Court of the United States
APPEAL PROM THE CIRCUIT COURT OP THE UNITED STATES POR THE NORTHERN DISTRICT OF ILLINOIS. This was a bill in equity for the infringement of two letters patent, namely, No. 216,231, issued to 'John Shire, June 3, ■ 18Y9, for an improvement in velocipedes, and.second, patent No. 314,142, issued March 11,1885, to Thomas J. Kirkpatrick, for a bicycle saddle.
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APPEAL PROM THE CIRCUIT COURT OP THE UNITED STATES POR THE NORTHERN DISTRICT OF ILLINOIS. This was a bill in equity for the infringement of two letters patent, namely, No. 216,231, issued to 'John Shire, June 3, ■ 18Y9, for an improvement in velocipedes, and.second, patent No. 314,142, issued March 11,1885, to Thomas J. Kirkpatrick, for a bicycle saddle. Roth patents were contested by the defendant upon the grounds of their invalidity and non-infringement, and in addition thereto it was insisted that plaintiff had no title to the Shire' patent. Upon the hearing in the court below, the bill…
1Opinion of the CourtJustice Brown
There are two patents involved in ■ this case, both of which relate to what is known as hammock saddles for bicycles.(1) The second claim of the Shire patent, No.216,231, which is the only one alleged to be infringed, and the only one to which the plaintiff appears to have the title, is as follows:
“ 2. In a velocipede, an adjustable hammock seat J, substantially as set forth.”
Plaintiff derives its title to this patent by assignment from Thomas Kirkpatrick, who himself claimed title to it from Shire, the patentee, under the following instrument:
“Be it known, that I, John Shire, of Detroit,…
2Cases cited2 opinions
- Waterman v. MacKenzieSupreme Court of the United States · 1891
- Gayler v. WilderSupreme Court of the United States · 1851
3Cited by53 opinions
- Rosenthal Paper Co. v. National Folding Box & Paper Co.New York Court of Appeals · 1919
- E. I. Du Pont De Nemours and Company v. United StatesCourt of Appeals for the Third Circuit · 1970
- E. W. Bliss Co. v. United StatesSupreme Court of the United States · 1920
- Hurd v. Sheffield Steel Corp.Court of Appeals for the Eighth Circuit · 1950
- Lucent Technologies, Inc. v. Gateway, Inc.Court of Appeals for the Federal Circuit · 2008
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