Sicles v. Pacific Mail Steamship Co.

U.S. Circuit Court for the District of Southern New York

Sicles v. Pacific Mail Steamship Co.

22 F. Cas. 101

CourtU.S. Circuit Court for the District of Southern New York

DecidedJuly 1, 1857

StatusPublished

This text of 22 F. Cas. 101 (Sicles v. Pacific Mail Steamship Co.) is published on Counsel Stack Legal Research, covering U.S. Circuit Court for the District of Southern New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Sicles v. Pacific Mail Steamship Co., 22 F. Cas. 101 (circtsdny 1857).

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Opinion

Patents — Novelty — Two Ye ah s’ Use — Issue Made Up.

1. Where, on a bill filed for the infringement of a patent, and for an injunction, the defence was set up that the invention had been known and used prior to the invention thereof by the patentee, but the evidence was so uncertain and insufficient that no satisfactory judgment could be founded upon it, held, that an issue should be ordered to decide: First, whether the patentee was the discoverer or inventor of the thing patented to him, and, second, whether such invention was known and used by others two years before the application for a patent.

2. No knowledge or use of an invention, by any one, will deprive the first and original inventor thereof of the exclusive right to make and use the same, unless such knowledge and use was for more than two years prior to the application for a patent.

[Cited in Law, Pat. Dig. 331, 607, to the points as stated above. Nowhere reported; opinion not now accessible.]

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Patents — Novelty — Two Ye ah s’ Use — Issue Made Up.

1. Where, on a bill filed for the infringement of a patent, and for an injunction, the defence was set up that the invention had been known and used prior to the invention thereof by the patentee, but the evidence was so uncertain and insufficient that no satisfactory judgment could be founded upon it, held, that an issue should be ordered to decide: First, whether the patentee was the discoverer or inventor of the thing patented to him, and, second, whether such invention was known and used by others two years before the application for a patent.

2. No knowledge or use of an invention, by any one, will deprive the first and original inventor thereof of the exclusive right to make and use the same, unless such knowledge and use was for more than two years prior to the application for a patent.

[Cited in Law, Pat. Dig. 331, 607, to the points as stated above. Nowhere reported; opinion not now accessible.]

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Bluebook (online)

22 F. Cas. 101, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sicles-v-pacific-mail-steamship-co-circtsdny-1857.