California Artificial Stone Paving Co. v. Molitor
Encyclopedia
California Artificial Stone Paving Co. v. Molitor, , involved a bill that was filed by the appellant against the appellee complaining that the latter was infringing on a letters patent
granted to one John J. Schillinger, and which had been assigned for the State of California to the complainant.
The patent was for an improvement in concrete
pavement
was originally issued July 19, 1870, and reissued May 2, 1871. The improvement, as described in the reissued patent, consisted in laying the pavement in detached blocks separated from each other by strips of tar paper
or other suitable material so as to prevent the blocks from adhering to each other. As stated in the specification:
The case of Wilson v. Barnum was especially worthy of note in this connection. The question certified in that case was whether, upon the evidence given, the defendant infringed the complainant's patent. Chief Justice Taney, delivering the opinion of the Court, said:
The case was dismissed, with directions to the circuit court to proceed therein according to law.
Letters patent
Letters patent are a type of legal instrument in the form of a published written order issued by a monarch or president, generally granting an office, right, monopoly, title, or status to a person or corporation...
granted to one John J. Schillinger, and which had been assigned for the State of California to the complainant.
The patent was for an improvement in concrete
Concrete
Concrete is a composite construction material, composed of cement and other cementitious materials such as fly ash and slag cement, aggregate , water and chemical admixtures.The word concrete comes from the Latin word...
pavement
Pavement (material)
Road surface or pavement is the durable surface material laid down on an area intended to sustain vehicular or foot traffic, such as a road or walkway. In the past cobblestones and granite setts were extensively used, but these surfaces have mostly been replaced by asphalt or concrete. Such...
was originally issued July 19, 1870, and reissued May 2, 1871. The improvement, as described in the reissued patent, consisted in laying the pavement in detached blocks separated from each other by strips of tar paper
Tar paper
Tar paper is a heavy-duty paper used in construction. Tar paper is made by impregnating paper with tar, producing a waterproof material useful for roof construction. It can be distinguished from Roofing felt:Asphalt-saturated felt. Roofing felt has been in use for over a hundred years...
or other suitable material so as to prevent the blocks from adhering to each other. As stated in the specification:
The case of Wilson v. Barnum was especially worthy of note in this connection. The question certified in that case was whether, upon the evidence given, the defendant infringed the complainant's patent. Chief Justice Taney, delivering the opinion of the Court, said:
The case was dismissed, with directions to the circuit court to proceed therein according to law.
External links
- 113 609 Justia.com (full case)