United States Supreme Court Cases & Opinions

U.S. Supreme Court

Turner & Seymour Mfg. Co. v. Dover Stamping Co., 111 U.S. 319 (1884)

Turner and Seymour Manufacturing Company v. Dover Stamping Company

Submitted March 31, 1864

Decided April 14, 1884

111 U.S. 319

Syllabus

When an inventor takes out a patent founded on a claim which does not include his whole invention, and rests for twelve years, and then surrenders his patent and takes a reissue with a broader claim under circumstances which warrant the conclusion that the act is caused by successful competition of a rival, he will be held to have dedicated to the public so much of his invention as was not included in the original claim. Miller v. Brass Company, 104 U. S. 300, cited and followed.

This was a bill in equity brought by the appellees to enjoin the appellants from infringing their rights as assignees of a patent for an improvement in egg-beaters. The decree below granted the injunction and determined the amount of profits. From this decree the defendant below appealed. The invention and claims are set forth in the opinion of the Court.