Legal Opinion

Imhaeuser v. Buerk

Supreme Court of the United States

Decided March 22, 1880No. 185PublishedCited by 128 opinions

This is a suit, commenced July 5, 1872, by Jacob E. Buerk against William Imhaeuser, Theodore Hahn, and Charles Keinath doing business as Imhaeuser & Co., for the alleged infringement by them of letters-patent No. 48,048, granted to him June 6, 1866, for an improvement in watchman’s time detectors. The drawings and specification of his letters are as. follows: — « No. 48,048. “ The Schedule referred to in these letters-patent and malcing part of the same.

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This is a suit, commenced July 5, 1872, by Jacob E. Buerk against William Imhaeuser, Theodore Hahn, and Charles Keinath doing business as Imhaeuser & Co., for the alleged infringement by them of letters-patent No. 48,048, granted to him June 6, 1866, for an improvement in watchman’s time detectors. The drawings and specification of his letters are as. follows: — « No. 48,048. “ The Schedule referred to in these letters-patent and malcing part of the same. “ To all whom it may concern : “ Be it known that I, Jacob E. Buerk, of Boston, in the county of Suffolk and State of Massachusetts, have…

1Opinion of the CourtJustice Clifford

Equivalents may be claimed by a patentee of an invention consisting of a combination of old elements or ingredients, as well as of any other valid patented improvement, provided the arrangement of the parts composing the invention is new, and will produce a new and useful result.

Such a patentee may doubtless invoke the doctrine of equivalents as against an infringer of the patent: but the term “ equivalent,” as applied to such an invention,. is special in its signification, and somewhat different from what is meant when the term is applied to an invention consisting of a new device or an…

2Cases cited4 opinions

  1. Bates v. CoeSupreme Court of the United States · 1878
  2. Gill v. WellsSupreme Court of the United States · 1874
  3. Buerk v. ImhaeuserU.S. Circuit Court for the District of Southern New York · 1876
  4. Buerk v. ValentineU.S. Circuit Court for the District of Northern New York · 1872

3Cited by128 opinions

  1. Graver Tank & Mfg. Co. v. Linde Air Products Co.Supreme Court of the United States · 1950
  2. Boyden Power-Brake Co. v. Westinghouse Westinghouse v. Boyden Power-Brake Co.Supreme Court of the United States · 1898
  3. Westinghouse v. Boyden Power Brake Co.Supreme Court of the United States · 1898
  4. Medtronic, Inc. v. Mirowski Family Ventures, LLC.Supreme Court of the United States · 2014
  5. National Hollow Brake-Beam Co. v. Interchangeable Brake-Beam Co.Court of Appeals for the Eighth Circuit · 1901

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