Davis v. Palmer
U.S. Circuit Court for the District of Virginia
The plaintiff, Gideon Davis, brought his several actions on the case against the defendants, to recover. treble damages under .the statute, for an alleged violation of the plaintiff’s patent-rights, as the inventor of certain new and valuable improvements in the plough.
Read the full summary
The plaintiff, Gideon Davis, brought his several actions on the case against the defendants, to recover. treble damages under .the statute, for an alleged violation of the plaintiff’s patent-rights, as the inventor of certain new and valuable improvements in the plough. See the act of congress "to extend the privilege of obtaining patents, and to enlarge and define the penalties for vio-' lating the rights of patentees,” section 3, passed 17th of April, 1800, 1 Story’s Laws, 753 [2 Stat. 37]. The declarations, which are identical, contained various counts. The first count charged the…
1Opinion of the Court
MARSHALL, Circuit Justice.
These suits are brought by the plaintiff, to recover damages for the alleged violation of his patent, for an improvement on the plough. His improvement is, in part, made on the face, throat, and hind part of the mould-board. The counsel for the defendants have moved the court (1) to declare the patent void, because the specification, so far as it regards the improvements in the mould-board, does not describe this part of the improvement with the certainty required by the act of congress. See Act Feb. 21, 1703 (1 Story’s Laws, 301, § 3 [1 Stat. 321]). Should the…
2Cited by4 opinions
- Oil States Energy Services, LLC v. Greene's Energy Group, LLCSupreme Court of the United States · 2018
- Brooks v. BicknellU.S. Circuit Court for the District of Ohio · 1843
- Winans v. DenmeadSupreme Court of the United States · 1854
- Winans v. DenmeadSupreme Court of the United States · 1854