Hartshorn v. Saginaw Barrel CompanyAnnotate this Case
119 U.S. 664 (1887)
U.S. Supreme Court
Hartshorn v. Saginaw Barrel Company, 119 U.S. 664 (1887)
Hartshorn v. Saginaw Barrel Company
Argued November 30, 1886
Decided January 10, 1887
119 U.S. 664
When two persons invent the same invention at about the same time, and employ the same solicitor, who in good faith assigns the priority of invention to the wrong person, and makes claims and takes out patents for each on that theory, limiting the claim of the real inventor to a narrower claim, not within the claim of the other inventor, and both acquiesce in this decision for a period of nine or ten years, the acquiescence of the real inventor must be regarded, so far as his claims are concerned, as an abandonment of any right on his part to a patent for the broad and real invention, and so far as the patentee of it is concerned, the validity of his patent fails, because he was not the inventor, and was not entitled to the patent.
The shade roller manufactured by the appellee, does not infringe patent No. 69,189, granted to Jacob David, September 24, 1867, and assigned to the appellants.
This was a bill in equity to enjoin alleged infringements of letters patent. The bill was dismissed, and the complainant appealed. The case is stated in the opinion of the Court.
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