6 F. Cas. 133
U.S. District Court
Decided May 15, 1865
U.S. District Court · decided 1865-05-15
At law. This was an action on the case for the infringement of letters patent. [No. I,396, granted to J. A. Both, October 31, 1S89] for an “improvement in the construction of furnaces extended for seven years from October 31, 1853, for a new and useful improvement in the construction of furnaces for smelting iron ore.” The patent expired October 31, 1860, and suit was brought against the defendant November 12, 1864, to recover damages for the unlawful use of the improvement…
Decided 1865-05-15
¶1Held: That the state statutes could not limit the time within which actions for the infringement of letters patent might be brought in the courts of the United States; that, congress having failed to legislate upon this subject, there-was no limit to the time for bringing such actions, and that the demurrer must be sustained.
¶2Judgment accordingly.