Peters v. Union Biscuit Co.

Citations

• 120 F. 679
• 1903 U.S. App. LEXIS 5297

Syllabus

<p>1. Patents — Anticipation—Evidence of Prior Structure.</p> <p>The testimony of a witness as to the existence and use of a structure essentially the same as that of a patent 12 or 15 years prior to the time of giving the testimony, unsupported by any exhibit, is too uncertain and unreliable to establish anticipation.</p> <p>2. Same — Invention—Evidence.</p> <p>The fact that a large number of inventions have been made, and patents granted, relating to the same subject-matter, none of which discloses the device of a later patent, nor any which so successfully accomplished the result sought, is strong evidence that such patent discloses invention.</p> <p>3. Same — New Combination of Old Elements.</p> <p>The combination of two old elements in a single structure in a manner which produces a new and useful result, or an old result in a more facile, economical, and efficient way, may involve invention.</p> <p>4. Same — Infringement—Package for Biscuit.</p> <p>The Peters patent, No. 621,974, for a method of and means for packing crackers, and the like, consisting of the use, with an ordinary collapsible and interlocking carton, of an inner lining of waxed or paraffined paper, so interfolded between the interlocking flaps of the carton as to form an integral structure, construed, and held not anticipated, and to disclose patentable invention; also held infringed.</p> <p>5. Same — Lt ability for Infringement — Officers of Corporation.</p> <p>The managing officers of a corporation, who actually participated in the adoption and use by the corporation of an infringing device, are liable for the infringement, as joint tort feasors.</p> <p>6. Same — Suit for Infringement — Parties.</p> <p>A licensee whose license is not such as to amount to an assignment of. the patent is not a necessary party complainant in a suit for its infringement.</p> <p>¶ 3. See Patents, vol. 38, Cent. Dig. § 470.</p>