The argument of Mr. Edward N. Dickerson

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Page 34 - And still they gazed, and still the wonder grew, How one small head could carry all he knew.
Page 46 - The improvement, however, docs not limit the patentee to the motion or power derived from the eccentric strap, for he says that it may be taken from any other moving part of the engine, always excluding the motion from the lifting-rod. That these ideas were new, was conceded by all the experts, as we understand the evidence. I agree with the learned counsel for the defendant, that the mere discovery of the fact of deriving power for the tripping of the valve from the eccentric strap, or from any...
Page 46 - ... must be embodied into working machinery, and adapted to practical use. It is this embodiment and operation of machinery for practical purposes which furnish beneficial results to the public, and render the discovery patentable. This has been effected by the arrangement of machinery which appears in the models presented by the plaintiff — the machinery worked by the eccentric strap by means of intervening arms and levers, which, acting and controlling the arm or wiper, operate to detach the...
Page 47 - Ooiiies, (which has been before this Court,) the valve is eased to its seat "by Compressed air. There may be many other contrivances for the same purpose. Suffice it to say that these contrivances have nothing whatever to do with this controversy: hence it is not important for you to inquire which of the several arrangements is best. The patentee having discovered that he could trip the valve...
Page 52 - ... if they adopt the price of the patent-fee, whatever they may determine that fee to be upon the evidence in the case, it will operate to vest the title of the patent to the extent of its use in the Metropolis throughout its term ; and they should state whether they adopt the patent-fee or the profits from the use of the inventions as the measure of damages ; for in the former case the title passes, and in the latter case it does not pass, and your verdict will be for a compensation for the use...
Page 45 - ... according to all the experts. Previous to this, as we have already said, the motion to trip had been taken from the lifter, and therefore it required a new development and application of power, for the purpose of avoiding the difficulty arising out of the use of the motion of the lifting-rod. This power of the eccentric had not before been applied for the purpose and object of the patentee. The novelty of the invention consists in the new set of ideas by which the patentee saw the possibility...
Page 51 - ... and thought, as in this case, their embodiment in machinery, their adaptation to the working out of practical results contemplated by the inventor, is very much the work of the skillful mechanic. And any man in the field of discovery, after becoming acquainted with the ideas of an inventor, might in many cases work them out in a manner and by machinery very different from the arrangement preferred or used by the inventor, but his merit would be far less than that of the pioneer who had explored...
Page 52 - ... litigation and contest ; and even the most meritorious require time, effort, influence, and sacrifice of money, to bring them to the notice of the public. And it is quite proper that these views should be taken into account upon the question of the patent-fee. If the Jury are satisfied that it was sold less than the real value of it, upon the views stated by the patentee, and that sacrifices were made for the sake of introducing it into public use, these considerations should be taken into the...
Page 52 - ... sake of introducing it into public use, these considerations should be taken into the account in case of determining the measure of damages by the patent-fee. It is important that the Jury should take into account the fact that if they adopt the price of the patent-fee, whatever they may determine that fee to be upon the evidence in the case, it will operate to vest the title of the patent to the extent of its use in the Metropolis throughout its term ; and they should state whether they adopt...
Page 51 - Of course, the defendant cannot complain of that, because, if in fact he was an infringer, he has been using the property of ' the plaintiff, and whatever profits he has made out of it, belong in equity to the owner. It is a question here, whether or not there has been an established patent-fee for this improvement proved by the evidence. There is evidence that the patentee sold one of his patent-rights in Philadelphia, for $250, and that he sold another in Baltimore, for $500. He sold several rights...

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