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BUSCH V. JONES, 184 U. S. 598 (1902)

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U.S. Supreme Court

Busch v. Jones, 184 U.S. 598 (1902)

Busch v. Jones

No. 96

Argued January 14, 1902

Decided March 17, 1902

184 U.S. 598


The appellees' contention as to jurisdiction in this case is not justified for reasons expressed in Clark v. Wooster, 119 U. S. 322, and Beedle v. Bennett, 122 U. S. 71.

This was an action to recover for infringements of a patent. The lower courts found as a fact that all the claims of the patent had been infringed by appellant, and the evidence sustains the finding. The accounting in the lower court, however, was had upon the basis of the validity of the process, and therefore the judgment of the Court of Appeals must be reversed and the cause remanded with directions to that court to reverse the judgment and decree of the Supreme Court, and remand the cause to the latter court for further proceedings in accordance with this opinion.

This suit was brought by appellees against appellant for the infringement of letters patent No. 204,741, and letters patent No. 452,898, issued to Joshua W. Jones, one of the appellees. An accounting was prayed, and also an injunction pending the suit. The bill contained the usual allegations of invention and utility, and of infringement by the defendant (appellant). The chanroblesvirtualawlibrary

Page 184 U. S. 599

answer traversed those allegations, and alleged prior use, disclosure of the invention in prior publications, and also anticipation by prior devices and processes. The answer contained a list of the devices. No evidence was given as to, and no judgment passed on, patent No. 452,898. This appeal therefore is only concerned with patent No. 204,741. The patent was issued to Joshua W. Jones, one of the appellees, for a press and process (the relation of the two is disputed) for "dry pressing" and removing type indentations from printed sheets. The validity of the patent was sustained, and its infringement by the defendant (appellant) was found by the Supreme Court of the district of Columbia, and decree passed adjudging appellees the sum of $3,491.70, with interest and costs. The decree was affirmed by the Court of Appeals. 16 App.D.C. 23. The case was then brought here. The facts are stated in the opinion.

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