Pope Manufacturing Company v. Gormully (144 U.S. 248)

STATEMENT BY MR JUSTICE BROWN.

This was a bill in equity for the infringement of two letters patent, namely, No. 216,231, issued to John Shire, June 3, 1879, for an improvement in velocipedes; and, second, patent No. 314,142, issued March 17, 1885, to Thomas J. Kirkpatrick, for a bicycle saddle.

Both patents were contested by the defendants upon the grounds of their invalidity and non-infringement, and in addition thereto it was insisted that plaintiff had no title to the Shire patent. Upon the hearing in the court below the bill was dismissed, and plaintiff appealed to this court. 34 Fed. Rep. 893.

L. L. Coburn and Edmund Wetmore, for appellant.

C. K. Offield, for appellees.

Mr. Justice BROWN, after stating the facts in the foregoing language, delivered the opinion of the court.