Whiteley v. Kirby
78 U.S. 678

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U.S. Supreme Court

Whiteley v. Kirby, 78 U.S. 11 Wall. 678 678 (1870)

Whiteley v. Kirby

78 U.S. (11 Wall.) 678

Syllabus

The inventions of Nelson Platt and of Alfred Churchill, patented, the former June 12, 1849, the latter March 3, 1841 (harvesters), contained nothing which antedated the peculiar device secured by patent to Byron Dinsmore, February 10, 1852, for harvesting and mowing machines, assigned July 2, 1859, to Kirby and Osborn, and surrendered and reissued 28 January, 1862.

Kirby and Osborn filed a bill in the court below against Whiteley and others, to enjoin them from infringing their patent, originally issued to Byron Dinsmore, February 10, 1852, assigned to them the complainants, Kirby and Osborn, July 2, 1859, and surrendered and reissued 28 January, 1862. The court granted the injunction, and the defendants appealed.

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