154 U.S. 669 - Price v. Kelly — 154 U.S. 669

How this case has been cited

Cited by 6 later decisions — most recently March 1983

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

¶1APPEAL PROM THE CIRCUIT COURT OP THE UNITED STATES POR THE DISTRICT OF MINNESOTA.

¶2Affirmed on the facts.

¶3•Mr. Chief Justice Waite

¶4delivered the opinion of the court.

¶5This case is very imperfectly presented. No one appears for the appellee, and the record is incomplete. The bill charges the appellee with an infringement of certain letters patent issued to and owned by the appellant. The answer attacks the validity of the patent, and denies the infringement. The court below, with*670out passing on the other questions, held there was no infringement. The appellee evidently claimed under a patent to himself, which, with the accompanying drawings- and certain models, was in evidence. This evidence is not before us. Neither the patent nor the drawings are in the record, and the models have not been brought up. Nor have we been able to find anywhere in the record a satisfactory description of the structure which the appellee uses. The burden of proving the infringement is on the appellant. The necessary proof in this respect has not been made, and the decree below is consequently Affirmed.

¶6Mr. J. J. Noah and Mr. C. K. Davis for appellant.

¶7No appearance for appellee.