Egbert v. Lippmann (901422128)

Read for 2/18/11

Reading Notes

• Case decided in 1881 by the CAFC
• Alleged infringement of reissued patent
  • Patent was issued to Samuel Barnes in 1866 and reissued to Frances Barnes in 1873
• Specifications of reissue for an improvement of corset springs
• Bill alleges that Barnes was the original inventor of the improvement covered by the reissued patent
  • Also had not been for more than two years in public use or sale
• Answer takes issue to the above and denies infringement
  • Circuit Court dismissed the bill
• Evidence demonstrates the infringement of the second claim
  • Have to determine if it had been publicly used
• Evidence relies mainly on testimony of lady Barnes
• Invented the improvement between January and May 1855 because of her complaints
  • These she wore and he agrees were the same as the reissued patent
  • Explained to another friend in 1863 how they were used and showed them her pair
• Must decide if this is public use within the statute
  • Using the principles they believe that her wearing them constitutes a public use
• Imposed no obligation of secrecy or restrictions
• The invention was complete at the time he presented them to her
• By the time he applied eleven years later the steels were in universal use

Statutory Bans

• Can't infringe if the subject matter had been publicly used for more than two years prior to application of the original patent
  • Act of 1836 ruled if this is the case a patent is invalid
• Three clarifications
  • To constitute public use it is not necessary that more than one be publicly used
  • It does not depend on how many people know of its use
  • Some inventions may only be used where they cannot be seen by the public eye
• Public use is evidence of abandonment (Elizabeth v. Pavement Co.)

Dissenting Judge

• Act of 1836 has a condition that is basically not clear
  • If use by others without inventors consent is not public it will defeat but with his consent it must be public to do so
• The word public is very important
  • He says that giving one copy to one woman where no one else could see it or knew about it should not count at public