Wyeth v. Stone
U.S. Circuit Court for the District of Massachusetts
Bill in equity for a perpetual injunction, and for other relief, founded upon allegations of the violation, by the defendants, of a patent right, granted originally to the plaintiff [Nathaniel J.j Wyeth, as the invent- or, by letters patent, dated the 18th ot March, A. D. 1829, “for a new and useful improvement in the manner of cutting ice, together with the machinery and apparatus therefor,” as set forth in the schedule to the letters patent; and afterwards with a small…
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Bill in equity for a perpetual injunction, and for other relief, founded upon allegations of the violation, by the defendants, of a patent right, granted originally to the plaintiff [Nathaniel J.j Wyeth, as the invent- or, by letters patent, dated the 18th ot March, A. D. 1829, “for a new and useful improvement in the manner of cutting ice, together with the machinery and apparatus therefor,” as set forth in the schedule to the letters patent; and afterwards with a small reservation assigned to the other plaintiff [Frederick] Tudor, on the 9th of February, 1832, by a deed of assignment of…
1Opinion of the Court
STORY, Circuit Justice.
I have considered this cause upon the various points, suggested at the argument by the counsel on both sides, with as much care as I could, in the short time, which I have been able to command, since it was argued; and I will now state the results, with as much brevity, as the importance of the cause will permit
The first point is, whether the invention claimed by the patentee is new, that is, substantially new. The patent is dated on the 18th of March, 1829, and is for “a new and useful improvement in the manner of cutting ice, together with the machinery and apparatus…
2Cited by26 opinions
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- Sessions v. RomadkaSupreme Court of the United States · 1892
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- United States Ex Rel. Steinmetz v. AllenSupreme Court of the United States · 1904
- Woodbridge v. United StatesSupreme Court of the United States · 1923
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