Fried. Krupp Aktien-Gesellschaft v. Midvale Steel Co.

Citations

• 191 F. 588
• 112 C.C.A. 194
• 1911 U.S. App. LEXIS 4970

Syllabus

<p>1. Patents (§ 312*) — Suits fob Infringement — Burden and Measure of Proof. • ■</p> <p>Infringement of a patent is not only a question of fact, but is a tort or wrong, the burden of establishing which, as in all torts, clearly rests on those who charge such wrong; and the absence of actual fact proof is not met by tbe presence of expert speculations, no matter how voluminous.</p> <p>[Ed. Note. — For other cases, see Patents, Cent. Dig. §§ 543-549; Dec. Dig. § 312.*]</p> <p>2. Patents (§ 1*) — Nature of Patent — Patent as Contract.</p> <p>An American patent is a written contract between an inventor and the government. This contract consists of mutual interrelated considerations moving from each party to the other for such contract. The consideration given on the part of the inventor to the government is the disclosure of his invention in such plain and full terms that any one skilled in the art to which it appertains may practice it. The consideration on the part of the government given to the patentee for such disclosure is a monopoly for 17 years of the invention disclosed to the extent of the claims allowed in the patent.</p> <p>[Ed. Note. — For other cases, see Patents, Cent. Dig. § 1; Dec. Dig. § 1.*]</p> <p>3. Patents (§ 229*) — Infringement—Process Patents.</p> <p>The test of infringement of a process patent is not identity of a prod- ' uct which is not patented, but identity of patented process in producing an unpatented product.</p> <p>[Ed. Note. — For other cases, see Patents, Cent. Dig. § 366; Dec. Dig. § 229.*]</p> <p>4. Patents (§ 159*) — Suit for Infringement — Province of Expert Testimony.</p> <p>It is only where a court requires the explanation of technical terms or the language of any particular art to enable it to understand the specification of a patent that the testimony of those expert in the art is pertinent. The province cf such expert testimony is to remove uncertainty where the terms used are obscure, and not to create uncertainty where th