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Andrews Vs. Hovey

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  • US Supreme Court
  • Feb 20, 1888

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90 entries 6 linked 84 unlinked
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  1. KleIn Vs. Russell US Supreme Court · Jan 01, 1873
  2. Bates Vs. Coe US Supreme Court · Jan 01, 1878
  3. United States Vs. Pugh US Supreme Court · Jan 01, 1879
  4. Eames Vs. Andrews US Supreme Court · May 23, 1887
  5. Kendall Vs. Winsor US Supreme Court · Jan 01, 1858
  6. Mcclurg Vs. Kingsland US Supreme Court · Jan 01, 1843
  7. U.S. 694 (1888) U.S. Supreme Court Andrews v. Hovey
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  8. U.S. 694 (1888) Andrews v. Hovey
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  9. THE UNITED STATES FOR THE SOUTHERN DISTRICT OF IOWA Syllabus The decision of this Court in Andrews v. Hovey
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  10. to be invalid confirmed on an application for a rehearing. The case of Kendall v. Winsor
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  11. U. S. 31 , 98 U. S. 46 , and in McClurq v. Kingsland
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  12. Second. The Court in its opinion (p. 123 U. S. 269 ) declares that in Andrews v. Carman
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  13. and that the rule laid down in United States v. Pugh
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  14. Eighth. The counsel for appellants referred the court to its statement in Manning v. Isinglass
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  15. JUSTICE BLATCHFORD delivered the opinion of the Court. This is a petition by the appellants in the case of Andrews v. Hovey
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  16. specifications and drawings of the original and reissued patents are set forth in the opinion of this Court in Eames v. Andrews
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  17. is that the question involved was adjudged by this Court in accordance with their views in the case of Kendall v. Winsor
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  18. the seventh section of the act of 1839 appears to have come under consideration in this Court was that of McClurg v. Kingsland
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  19. The first reported case in a circuit court involving any part of the seventh section is that of Pierson v. Eagle
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  20. to have been the origin of much that has been said on the question in subsequent cases, for this case of Pierson v. Eagle
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  21. Co. is generally cited as the leading authority in favor of the position taken by the appellants. In Hovey v. Stevens
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  22. the same parties was then pending, and refused to grant the injunction. As appears by the report of the case of Hovey v. Stevens
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  23. grounds not involving those considered on the motion for the preliminary injunction. The next case cited is Pitts v. Hall
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  24. or abandoned his invention to the public use. The case in no manner involved the question before us. In McCormick v. Seymour
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  25. reversed the judgment on the question of damages, but it approved the rulings below on the above points. Seymour v. McCormick
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  26. How. 480. The case of Sargent v. Seagrave
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  27. to a right under a caveat for about two years before the date of the patent. Then came the case of Kendall v. Winsor
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  28. of England, and most signally and effectually has this been done by this Court, as is seen in the cases of Pennock v. Dialogue
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  29. Pet. 1, and of Shaw v. Cooper
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  30. to the jury at circuit was in strict conformity with that principle, and with the doctrines declared in Pennock v. Dialogue
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  31. and Shaw v. Cooper
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  32. but the present is not such a case as that which existed in Kendall v. Winsor
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  33. that indicates in regard to these wells fraud or piracy or surreptitiousness in the sense of the decision in Kendall v. Winsor
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  34. use of the invention by those persons more than two years before he applied for his patent. In the case of Sanders v. Logan
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  35. and approbation more than two years prior to the application for the patent. In the case of American Hide Co. v. American
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  36. to his application. On these issues the jury found for the defendants. Page 124 U. S. 710 In McMillin v. Barclay
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  37. defense of the abandonment of the invention after the application was filed was overruled. In Russell & Erwin Co. v. Mallory
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  38. of the invention and to the effect of the acts of the patentee within two years prior to the application. In Jones v. Sewall
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  39. This was a direct adjudication upon the point involved in the present case. Page 124 U. S. 711 In Klein v. Russell
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  40. and it added that neither of them required any special remark. We cannot regard the case of Klein v. Russell
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  41. as adjudicating the question now presented. In Henry v. Francestown
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  42. applied for his patent. It was held that the use and sales by him were experimental. In Consolidated Fruit Jar Co. v. Wright
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  43. sale and prior use were by the inventor himself. This case does not adjudge the point here involved. In Kelleher v. Darling
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  44. into two reissued patents. No question arose in the case under the act of 1839. So too, the case of Henry v. Providence
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  45. Circuit Court for the District of Rhode Island before Mr. Justice Clifford, arose under the act of 1870. In Draper v. Wattles
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  46. invention as subsequently patented. The point involved in the present case was thus directly adjudged. In Bates v. Coe
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  47. in the record to support that proposition if it had been well pleaded. His observation, therefore, citing Pierson v. Eagle
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  48. years prior to the application was an observation made in regard to a point not in issue or in judgment. In Henry v. Francestown
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  49. application, sold articles containing his invention, not experimentally, the patent was held invalid. In Graham v. McCormick
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  50. his application, and it was held that as a matter of fact, the sale and use by him were experimental. In Brickill v. Mayor
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