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Hurlbut v. Schillinger, 130 U.S. 456, 9 S.Ct. 584, 32 L.Ed. 1011

Facts

This case involves a patent infringement dispute where John J. Schillinger and Elmer J. Salisbury sued J. B. Hurlbut for infringing on Schillinger's reissued patent for an improvement in concrete pavements. The patent described a method of laying concrete in sections separated by strips of tar paper to allow for individual block movement. The court found that the defendant's method did not infringe upon the patent as it did not create the necessary separations between blocks. The case was revived after Salisbury's death, with his administratrix continuing the suit.

Issue

Did the defendant's concrete pavement infringe upon the plaintiff's reissued patent for an improvement in concrete pavements?

Did the defendant's concrete pavement infringe upon the plaintiff's reissued patent for an improvement in concrete pavements?

Rule

Analysis

The court analyzed whether the defendant's pavement method created the necessary separations between blocks as required by the patent. The evidence showed that the defendant's method did not produce free joints between blocks, which was essential for the patented invention. The court concluded that the defendant's method was merely ornamental and did not meet the criteria for infringement.

The evidence in the present case shows that the defendant, during the process of making his pavement, marked off its surface into squares. But the question is whether he to any extent divided it into blocks, so that the line of cracking was controlled and induced to follow the joints of the divisions, rather than the body of the block; and so that a block could be taken out, and a new one put in its place, without disturbing or injuring an adjoining block.

Conclusion

The court affirmed the lower court's decision, ruling that the defendant's method did not infringe upon Schillinger's patent.

The decree of the circuit court is affirmed.

Who won?

The plaintiffs, represented by Olive G. Salisbury as administratrix, prevailed in the case. The court found that the defendant's method did not meet the requirements of the patented invention, which necessitated the creation of separations between blocks. The court's ruling was based on the evidence that the defendant's pavement did not allow for the independent movement of blocks, a key feature of Schillinger's patent.

The plaintiffs, represented by Olive G. Salisbury as administratrix, prevailed in the case. The court found that the defendant's method did not meet the requirements of the patented invention, which necessitated the creation of separations between blocks.

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