Hartshorn v. Saginaw Barrel Co.

Citations

• 119 U.S. 664
• 7 S. Ct. 421
• 30 L. Ed. 539
• 1887 U.S. LEXIS 1932

Syllabus

<p>When'two persons invent the same invention at about the same time, and ■ • 'employ the/same solicitor, who in good faith assigns the priority of invention to the wroug person, and makes claims, and takes out patents for each on that theory, limiting the claim of the real inventor to a narrower claim,' not within the claim of the other inventor, and .both acquiesce in .this decision for a period of nine or ten years, the acquiescence of the real inventor must be regarded, so far as his claims are concerned, as an abandonment of any right on his part to a patent for the broad and real invention.; and so far as the patentee' of it is concerned, the validity of. his patent fails, because he was not the inventor, and was not entitled to the patent.</p> <p>'The shade roller manufactured by the appellee, does not infringe patent , No. 69J.89, granted to Jacob David, September 24, 1867, and assigned to the appellants.</p>