London v. Everett H. Dunbar Corp.

Citations

• 179 F. 506
• 1910 U.S. App. LEXIS 4675

Syllabus

<p>1. Patents (§ 224*) — Falsely Marking - Article as Patented — Action fob Penalty.</p> <p>Rev. St. § 4901 (U. S. Comp. St. 1901, p. 3388), which imposes a penalty for every offense of marking upon or affixing to any unpatented article the word “patent,” or any word importing that the same is patented, for the purpose of deceiving the public, does not prescribe a distinct penalty for each individual article marked, but merely for the offense of marking; and, in order to authorize the recovery of more than a single penalty, the proof must go further than to show the marking of a number of articles, and must toe sufficiently specific as to time and place and circumstance to show a number of distinct offenses of marking, although it need not show the specific date of each.</p> <p>[Ed. Note. — For other cases, see Patents, Cent. Dig. §§ 354, 355; Dec. Dig. § 224.*]</p> <p>2. Patents (§ 224*) — Falsely Marking Article as Patented — Action fob. Penalty.</p> <p>To authorize the recovery of the penalty imposed by Rev. St. § 4901 (U. S. 'Comp. St. 1901, p. 3388), for marking upon or affixing to an unpatented article a word importing that the same is patented, for the purpose of deceiving the public, such purpose must be proved, and where the article is sufficiently like that described in a patent to.permit of an honest belief that It is within the patent, although on a construction of the patent the court is required to rule that it is not, the question of the intent of defendant in marking it as covered by the patent is one for the Jury.</p> <p>[Ed. Note. — For other cases, see Patents, Cent. Dig. § 355; Dec. Dig. § 224.*]</p> <p>3. Patents (§ 224*) — Falsely Marking Article as Patented — Liability of Corporation — “Person. ’ ’</p> <p>A corporation is a “person,” within the meaning of Rev. St. § 4901 (U. S. Comp. St. 1901, p. 3388), which imposes a penalty on “every person” who marks am unpatented article with any word importing that the saméis patented for the purpose of