Le Roy v. Tatham - 63 U.S. 132 (1859)
U.S. Supreme Court
Le Roy v. Tatham, 63 U.S. 22 How. 132 132 (1859)
Le Roy v. Tatham
63 U.S. (22 How.) 132
The patent of the Tathams for an improvement upon the machinery used for making pipes and tubes from lead or tin when in a set or solid state explained and sustained.
This was a bill filed by the Tathams against the appellants for an infringement of the patent for making lead pipe, which is particularly described in a former case reported in 55 U. S. 14 How. 156.
The circuit court decreed that John Hanson and Charles Hanson, of England, were the first and original inventors and discoverers of the improvement in making pipes and tubes from metallic substances, set forth and described in the bill of complaint.
That the subject matter of the said invention and discovery is patentable.
That the complainants are the legal patentees and owners, within the United States, of the said invention and discovery, set forth in the bill of complaint, which sufficiently describes the same.
That the defendants have infringed and violated the said patent right of the complainants in the manner charged in the bill of complaint.
The court thereupon ordered a reference to a master to take an account of the damages sustained by the complainants. Upon the coming in of his report, sundry exceptions were filed by the defendants, which were overruled, and the court decreed the amount which the defendants should pay. An appeal from this decree brought the case up to this Court.
The facts of the case are stated in the opinion of the Court.