Anderson v. Collins

Citations

• 122 F. 451
• 58 C.C.A. 669
• 1903 U.S. App. LEXIS 4789

Syllabus

<p>1. Patents—Infringement of Combination—Use of Equivalent Method or Material to Make Same Element will not Avoid.</p> <p>The use of a different, but mechanically equivalent, method or material to construct some of the elements of a patented combination will not avoid infringement where the principle or mode of operation is adopted, and the elements, when constructed, perform the same functions by the same means as, or by mechanically equivalent means to, those described in the patent.</p> <p>2. Same—Infringement—Presumption from Subsequent Patent or Infringing Device Overcome by Finding of Trial Court.</p> <p>The legal presumption of no infringement which arises from a subsequent patent upon a device that is alleged to infringe a prior patent is overcome by the finding of infringement by the trial court, which must be presumed to be correct, unless an obvious error of law or a serious mistake of fact is disclosed.</p> <p>3. Same—Combination of Patent 621,219 Infringes Patent 595,696.</p> <p>The combination described in letters patent No. 621,219, issued March 14, 1899, to George A. Burwell, infringes claims 5, 7, 8, 9, and 10 of letters patent No. 595,696, issued December 21, 1897, to George J. S. Collins.</p> <p>4. Same—Novelty—Issue of Defensive Patent Prior to Discovert or Invention by Patentee of Patent in Suit.</p> <p>It is indispensable to the maintenance of the statutory defense (Act July 8, 1870, 16 Stat. 208, c. 230, § 61 [3 U. S. Comp. St. 1901, p. 3394, § 4920]) that the device had been patented before the patentee under the patent in suit invented it that the defensive patent should have been issued before the patentee under the patent in suit made his invention. A prior application for the patent, or a prior invention by the patentee under the defensive patent, will not sustain this defense.</p> <p>5. Same—Applications of Same Inventor Pending at Same Time not Anticipatory.</p> <p>Where each of several applications which subsequently ripen into patent