Haughey v. Lee
Supreme Court of the United States
APPEAL FROM TffE CIRCUIT COURT OP THE UNITBD STATES POR THE EASTERN DISTRICT OP PENNSYLVANIA. On October 24, Í889, Michael Haughey filed a bill of complaint against Jesse Lee, Lewis S. Lee, and Walter Lee, as partners, under the style of Jesse Lee & Sons, alleging that the United States had, on March 20, 1888, granted him letters patent (No. 379,644) for ah improvement in interfering devices for horses; that the defendants were infringing' complainant’s rights as such…
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APPEAL FROM TffE CIRCUIT COURT OP THE UNITBD STATES POR THE EASTERN DISTRICT OP PENNSYLVANIA. On October 24, Í889, Michael Haughey filed a bill of complaint against Jesse Lee, Lewis S. Lee, and Walter Lee, as partners, under the style of Jesse Lee & Sons, alleging that the United States had, on March 20, 1888, granted him letters patent (No. 379,644) for ah improvement in interfering devices for horses; that the defendants were infringing' complainant’s rights as such patentee; and praying for an injunction and account. On January 21; 1890, the defendants filed an answer, denying…
1Opinion of the CourtJustice Shiras
The bill of complaint alleged infringement of the complainant’s fights as grantee of letters patent, and the court below, upon issue joined and evidence taken, dismissed the bill for want of patentable novelty in the complainant’s invention.
The question thus presented for our consideration is the frequent and troublesome one, whether a given patented device evinces novelty or invention,- within the meaning of the law of patents, or is merely an improvement, useful perhaps, but so obviously a mere conclusion from what has gone before as not to be entitled to protection as an invention.
In the…
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