- Name
- Bell v. Daniels
- Cite
- 3. F.Cas. 96
- Year
- 1858
- Bluebook cite
- Bell v. Daniels, 3 F.Cas. 96 (C.C.S.D.Ohio 1858).
- Author
- URL
- 3 F.Cas. 96
- Item Type
- case
- Summary
- Infringement action involving patent for “a new and useful improvement in the mode of applying the waste heat of blast furnaces to steam boilers.†With regard to utility, the court stated as follows:
“Upon the question of utility, it may be remarked as a familiar principle that the patent raises the presumption of utility, yet the defendants may show, in order to defeat the patent, that the invention is worthless, though, if it appears that it is in any degree useful, the patent will be sustained. . . . {I}t will be for the jury to say . . . whether his invention is, in fact, of any value. In doing this, they are not to conclude that there is no utility in the improvement from its apparent simplicity, nor from the fact that it may not be the best mode of effecting the result. This last consideration would affect the valu{e} of the patent, but not its validity.†Id. at 98.
Excerpts and Summaries
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- Wednesday 19 of November, 2008 17:35:26 GMT
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- LastModif
- Friday 05 of December, 2008 22:19:52 GMT
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