Barr Car Co. v. Chicago & N. W. Ry. Co.
Court of Appeals for the Seventh Circuit
Appeal from the Circuit Court of the United States for the Eastern District of Wisconsin. This suit was brought by the appellant, as the assignee of Lester J. Barr, for the alleged infringement by the appellee of letters patent of the United States No. 349,134, issued to Lester J. Barr September 14, 1886, for a “Coal and Ore Oar.” The defendant below pleaded ta) want of novelty; (b) that Barr was not the Inventor; (e) laches.
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Appeal from the Circuit Court of the United States for the Eastern District of Wisconsin. This suit was brought by the appellant, as the assignee of Lester J. Barr, for the alleged infringement by the appellee of letters patent of the United States No. 349,134, issued to Lester J. Barr September 14, 1886, for a “Coal and Ore Oar.” The defendant below pleaded ta) want of novelty; (b) that Barr was not the Inventor; (e) laches. The court below, in an opinion in the record, but otherwise unreported, held that the alleged invention involved no patentable novelty; that one George H. White, and not…
1Opinion of the CourtJenkins, Circuit Judge
It is doubtless true that the letters patent to Barr afford a prima facie presumption that he is the original and first inventor of what is therein described as his improvement, and that the burden to establish the contrary rests upon the defendant below, who asserted the fact. Agawan Woolen Co. v. Jordan, 7 Wall. 597, 19 L. Ed. 177; Stimpson v. Woodman, 10 Wall. 122, 19 L. Ed. 866. But that prima facie presumption may be rebutted so as to shift upon the patentee the duty of overcoming the probative force of the evidence produced by his opponent, and this prima facie presumption, we think,…
2Cases cited8 opinions
- Atlantic Works v. BradySupreme Court of the United States · 1883
- Agawam Co. v. JordanSupreme Court of the United States · 1869
- Leary v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1885
- Stimpson v. WoodmanSupreme Court of the United States · 1870
- Taylor Ex Rel. Walker v. TaylorSupreme Court of the United States · 1850
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3Cited by3 opinions
- Koehring Company v. ED Etnyre & CompanyDistrict Court, N.D. Illinois · 1966
- International Carrier-Call & Television Corp. v. Radio Corp. of AmericaCourt of Appeals for the Second Circuit · 1944
- Diversey Corporation v. MertzDistrict Court, N.D. Illinois · 1936