Dunlap v. Schofield
Citations
- 152 U.S. 244
- 14 S. Ct. 576
- 38 L. Ed. 426
- 1894 U.S. LEXIS 2114
Syllabus
<p>A patentee of an invention, or of a design, cannot, in a suit against infringers thereof, recover damages within section 4900 of the Revised Statutes, or the penalty imposed by the act of February 4, 1887, c. 105, without alleging and proving either that patented articles made and sold by him, or the packages containing them, were marked “ patented,” or else that he gave notice to the defendants of his patent and of their infringement.</p>
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- noting that the patentee has “the duty of alleging and the burden of proving” compliance with the marking statute
- “Marking the articles, or notice to the infringers, is made by the statute a prerequisite to the patentee’s right to recover damages against them.”
- addressing predecessor to Section 287(a) with identical language, requiring that the patentee give notice “to the particular defendants by informing them of his patent and their infringement of it”
- construing a predecessor statute to section 287, the Court noted that the “clear meaning” of the notification requirement is that a patentee cannot recover damages absent marking or notice to the “particular defendants by informing them of his patent and of their infringement of it.”
- requiring a pleading equivalent to “with a knowledge of the patent and of his infringement [ ]” and “holding the patentee to allege . . . notice to the public or to the defendant, from which such knowledge must necessarily be inferred” (internal quotation marks omitted)
- requiring a pleading equivalent to “with a knowledge of the patent and of his infringement [ ]” and “holding the patentee to allege . . . notice to the public or to the defendant, from which such knowledge must necessarily be 4 inferred” (internal quotation marks omitted)
Source: CourtListener parenthetical corpus (CC0).
Judges: Gray
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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