Adamson v. Gilliland, 242 U.S. 350 (1917)

Adamson v. Gilliland

No. 396

Submitted November 13, 1916
Decided January 8, 1917
242 U.S. 350

CERTIORARI TO THE CIRCUIT COURT OF APPEALS

FOR THE EIGHTH CIRCUIT

Syllabus

Upon considering the evidence, the Court finds grave reasons for agreeing with the district judge that the respondent copied the petitioner’s patented invention.

The rule which gives conclusive effect to a finding made by a judge who saw the witnesses when there is testimony consistent with it and the finding depends on conflicting testimony or the credibility of witnesses is peculiarly applicable in a case wherein a patent is assailed by oral evidence of an alleged unpatented anticipation.

One who opposes a patent by oral evidence of a prior discovery must prove his case beyond a reasonable doubt. The Barbed Wire Patent, 143 U.S. 275, 284.

227 F. 93 reversed.

The case is stated in the opinion.