Henry Billings Brown

“ As the claimant in his petition relies only upon the patent of February 18, 1879 (No. 212,313) , for an improvement in cartridges, and as the proceedings in the former suit in the court of claims were based, in part at least, upon this patent, it will not be necessary to refer to any prior patents.
The only defense we are called upon to consider is that of res adjudicata. ”

“ But, even if a somewhat different theory or state of facts were developed upon the trial of the second case, the former judgment would not operate the less as an estoppel, since the patentee cannot bring suit against an infringer upon a certain state of facts, and, after a dismissal of his action, bring another suit against the same party upon the same state of facts, and recover upon a different theory. The judgment in the first action is a complete estoppel in favor of the successful party in a subsequent action upon the same state of facts. ”

“ The presumption is that the issues were the same, and, if they were in fact different, it was incumbent upon the claimant to show that the prior case was decided upon questions not involved herein. We have before us only a decision upon the merits, and upon the same state of facts, of a claim identical with this, and we perceive no reason why it should not operate as an estoppel. ”