Nathan Clifford

Name: Imhaeuser v. Buerk — Opinion of the Court
Author: Nathan Clifford

Imhaeuser v. Buerk — Opinion of the Court

Summary

“Imhaeuser v. Buerk — Opinion of the Court”, is a work by Nathan Clifford. It explores elements such as complainant, patent and respondents.

Quotes from Imhaeuser v. Buerk — Opinion of the Court (Nathan Clifford)

Nathan Clifford, Imhaeuser v. Buerk — Opinion of the Court

“ Where the thing patented is an entirety, consisting of a single device or combination of old elements incapable of division or separate use, the respondent cannot escape the charge of infringement by alleging or proving that a part of the entire invention is found in one prior patent, printed publication, or machine, and another part in another prior exhibit, and still another part in a third exhibit, and from the three or any greater number of such exhibits draw the conclusion that the patentee is not the original and first inventor of the patented improvement. ”

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Source: Wikisource

Nathan Clifford, Imhaeuser v. Buerk — Opinion of the Court

“ Patentees of an invention consisting merely of a combination of old ingredients are entitled to equivalents, by which is meant that the patent in respect to each of the respective ingredients comprising the invention covers every other ingredient which, in the same arrangement of the parts, will perform the same function, if it was well known as a proper substitute for the one described in the specification at the date of the patent. ”

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Source: Wikisource

Nathan Clifford, Imhaeuser v. Buerk — Opinion of the Court

“ Sufficient proof of infringement may be derived from the comparison of that which is used by the defending party with the description of the invention given in the specification of the patent which constitutes the foundation of the suit, and where the invention is embodied in a machine or apparatus, that mode of conducting the examination is usually the most satisfactory. Sufficient explanations of the complainant's patent have already been given, which need not be repeated. ”

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Source: Wikisource

Nathan Clifford, Imhaeuser v. Buerk — Opinion of the Court

“ Persons seeking redress for the unlawful use of their inventions must allege and prove that they or those under whom they claim are the original and first inventors of the improvement, and that the patent for the same has been infringed by the party against whom the suit is brought. Where the patent in suit is introduced in evidence it affords a prima facie presumption that the invention is new and useful ”

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Source: Wikisource

Nathan Clifford, Imhaeuser v. Buerk — Opinion of the Court

“ Unless there is some yielding, either of the markers or the index, it is not easy to see how the key could be turned without tearing the paper or breaking the key, from which it must follow, as contended by the complainant, that the respondents have substituted for his series of yielding spring-points and index a series of permanent or unyielding markers and a yielding index, retaining the other necessary elements of a false dial which shall receive the impressions by the use of the described keys. ”

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Source: Wikisource

Nathan Clifford, Imhaeuser v. Buerk — Opinion of the Court

“ Beyond all doubt, the respondents employ a watch-movement with a series of keys and a single hole, together with a revolving dial fastened to the watch arbor. Like the complainant they dispense with the hour and minute hands of the watch, and attach the false or paper revolving dial to the arbor of the apparatus. Their stationary index is exactly the same as that of the complainant, and they also employ a series of markers arranged radially to the centre of the dial ”

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Source: Wikisource

Nathan Clifford, Imhaeuser v. Buerk — Opinion of the Court

“ Each watch was provided with a lock, so that the watchman had no access to its interior, and as the record of each station could only be made by the peculiar key that belonged to such station, which was there made fast, the watchman could not deceive his employers by making a false record. ”

Nathan Clifford

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