Summary

Portrait of William Burnham Woods William Burnham Woods Cantrell v. Wallick — Opinion of the Court

On the question of infringement, a comparison of the model of the plaintiff's patent with the model of the device shown to be in use by the defendants makes it clear that the defendants have adopted substantially the invention of the plaintiff. It would baffle the ingenuity of the most skilled expert to show a substantial difference between the invention claimed by the plaintiff and that which it is conceded that the defendants use. It may be true, as contended by the defendants, that the device used by them is in some respects better than that of the plaintiff
Source: Wikisource

Portrait of William Burnham Woods William Burnham Woods Cantrell v. Wallick — Opinion of the Court

Therefore letters patent for an improvement on a patented invention cannot be declared void because they include such patented invention. Much less does it lie in the mouth of a party who is infringing both the improvement and the original invention to set up the existence of the first patent as an excuse for infringing the improvement. It is only the patentee of the original invention who has the right to complain of the use made of his invention.
Source: Wikisource

Get perspective with Kwize: daily news enlightened by great literature