Fuller v. Berger

Citations

• 120 F. 274
• 65 L.R.A. 381
• 1903 U.S. App. LEXIS 4493

Syllabus

<p>1. Patents — Validity—Utility of Invention.</p> <p>An invention is useful within the meaning of the patent law if it is used, or is designed and adapted to be used, to accomplish a good result, though in fact it is oftener used, or is as well, or even better, adapted to be used, to accomplish a bad result.</p> <p>2. Same — Bogus-Coin Detector — Immoral Use.</p> <p>The Mills patent, No. 613,844, for a bogus-coin detector for coin-operated vending machines, which is adapted to be used in connection with any coin-operated machine, is not void for lack of utility because it was assigned by the inventor to a manufacturer of gambling machines and has been used solely in connection with such machines.</p> <p>8. Same — Right to Equitable Relief against Infringement — Misuse of Patented Device.</p> <p>Neither the nonuse nor misuse of a patented device by the owner of the patent deprives him of the right to maintain a suit in equity to' enjoin infringement.</p> <p>4. Same — Suit for Infringement — Issues.</p> <p>The right of an inventor to make, use, and vend his device is not derived from the patent law, but is his natural right, the government’s grant to the patentee and his assigns being merely of the right to exclude others from practicing the invention. Hence in a suit to protect the right so granted by enjoining infringement an inquiry into the use which the owner of the patent makes of the invention is collateral and irrelevant, and cannot affect complainant’s right to an injunction if infringement is shown.</p>