Hurlbut v. Schillinger

Citations

• 130 U.S. 456
• 9 S. Ct. 584
• 32 L. Ed. 1011
• 1889 U.S. LEXIS 1768

Syllabus

<p>Reissued letters patent No. 4364, granted to John J. Schillinger, May 2, 1871, for an, “ improvement in concrete pavements,” on the surrender of original letters patent No. 105,599, granted to said Schillinger, July 19, 1870, were valid.</p> <p>The proper construction of the claims of the reissue stated, in view of a disclaimer filed March 1, 1875.</p> <p>The questions of utility, novelty and infringement' considered'.</p> <p>The entire profit made by the defendant from laying his pavement was given to the plaintiff, because it appeared that it.derived its entire value from the use of the plaintiff’s invention; that if it had not been laid in .that way it would not have been laid at all; and that the profit made by the defendant was a single profit derived from the construction of the pavement as an entirety.</p>