Sutter v. Robinson
Citations
- 119 U.S. 530
- 7 S. Ct. 376
- 30 L. Ed. 492
- 1886 U.S. LEXIS 2025
Syllabus
<p>A patentee is not at liberty to insist in the courts upon a construction of his patent which the Patent Office required him to expressly abandon ■ a.nd disavow as the condition of the issue of his patent.</p> <p>Shepard v. Carrirjan, 116 Tí. S. 593, affirmed.</p> <p>The improvement in the apparatus for resweating tobacco which was patented to Abraham Robinson, June 10,1879, by Letters Patent No. 216,298, consisted in the substitution of a wooden'vessel in place of a metallic one for holding the tobacco while being resweated.</p>
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- reversing a judgment of infringement and stating that the prior art and the accused device involved a metal box for storing tobacco leaves, while the patent described a wooden box
- reversing a judgment of infringement and stating that the prior art and the accused device involved a metal box for storing tobacco leaves, while the patent described a wooden box
- estoppel applied where, during patent prosecution, the applicant “was expressly required to state that [the device’s] structural plan was old and not of his invention”
- estoppel applied where, during patent prosecution, the applicant \was expressly required to state that [the device's] structural plan was old and not of his invention\
- “[Patentee] is not at liberty now to insist upon a construction of his patent [ie., legal effect] which will include what he was expressly required to abandon and disavow as a condition of the grant.”
- “He is not at liberty now to insist upon a construction of his patent which will include what he was expressly required to abandon and disavow as a condition of the grant.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Matthews
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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