Wednesday, November 13, 2013

Lowell v. Lewis case brief

Lowell v. Lewis case brief summary
15 F. Cas. 1018 (1817)


CASE SYNOPSIS
Plaintiff brought an action against defendant for infringement of a patent on a pump.

DISCUSSION

  • Plaintiff as assignee brought a patent infringement action against defendant for infringement on the patent for a pump. 
  • In charging the jury, the court stated that if the jury found damages to the plaintiff, the court would triple them as required by law, that to prevail the plaintiff had to show his machine was a new and useful invention, that his patent application was definite and stated enough information so other persons of competent skill could construct plaintiff's machine, and that a mere change in form could not be deemed a new invention. 
  • The jury returned a verdict for the defendant.

CONCLUSION
Jury verdict for defendant in patent infringement action.

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