Davis v. Perry

Citations

• 120 F. 941
• 57 C.C.A. 231
• 1903 U.S. App. LEXIS 4556

Syllabus

<p>1. Patents — Validity and Infringement — Inkstand.</p> <p>The Davis patent, No. 605,177, for an inkstand, discloses invention In view of the simplicity of the device and the elimination of parts from the inkstands of the same general type in the prior art, and its utility and success, although the improvement is a narrow one. Claims 1 and 3 also held infringed by inkstands made in accordance with the Ashley patent, No. 661,334.</p> <p>2. Same — Infringement—Defenses.</p> <p>Where infringement would necessarily or naturally result from the ordinary use of a device, a defendant cannot escape liability for infringement by merely showing the possibility of a different use. The decisive question is whether the operation of the alleged infringing device when in use is the same, and produces the same results.</p>