Wollensak v. Sargent

Statement by Mr. Chief Justice FULLER:

This was a consolidated bill in equity founded on two reissued patents granted to appellant for improvement in transom lifters, as follows: No. 9,307, July 20, 1880, (original patent No. 136,801, March 11, 1873,) and No. 10,264, December 26, 1882, (original patent No. 148,538, March 10, 1874.) Appellee was charged with the infringement of the third claim of the reissued patent No. 9,307 and the third, fourth, fifth, sixth, and ninth claims of reissue No. 10,264.

The circuit court, on pleadings and proofs, held reissue No. 9,307 invalid for want of patentable novelty, and, on demurrer, reissue No. 10,264 void as to the claims relied on, for laches apparent on the record, and not sufficiently explained by the allegations of the bill.

The opinion of Judge Shipman on motion for preliminary injunction is reported in 33 Fed. 840, and that on final hearing in 41 Fed. 53.

E. Banning and T. A. Banning, for appellant.

John K. Beach, for appellees.

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