Worswick Manuf'g Co. v. City of Kansas

Citations

• 38 F. 239
• 1889 U.S. App. LEXIS 2814

Syllabus

<p>1. Patents por Inventions — Infringement—Swinging Harness.</p> <p>The third claim of letters patent No. 171,190, to Edward O. Sullivan, December 14, 1875, is for the combination with the harness for a flro-engine, etc., of a device for suspending' the harness above the position of the horse when attached to the apparatus. The collar, which is an open one, and hames attached to it, both of which were old, and the inner and part of the outer trace only, are suspended. The specification states that the device can be applied to an apparatus using but one horse. Various persons had previously-suspended parts of the harness over the position of the horse, and there was evidence that the collar and harness had been so suspended with other parts. Jleld that, considering the prior state of the art, the device described in letters patent No. 990,320, Moveinber 10, 1885, to George O. Hale, which has for its object tbe suspension of the entire harness, is not an infringement.</p> <p>2. Same — Presumptions from Issuance of Patent.</p> <p>The rule that the issuance of a patent is presumptive evidence of the novelty and usefulness of the device applies in favor of the defendant in a suit for infringement who has a patent for his device.</p> <p>S. Same — Prior Adjudications.</p> <p>A prior adjudication of a federal .court upon the validity of a patent, though entitled to respect as a precedent in a case in another court between other parties presenting substantially the. same facts, is not conclusive, and where, the defense in the subsequent case is placed on additional grounds, and new and important facts are developed, it should stand on its merits.</p>