Mumm v. Jacob E. Decker & Sons, 301 U.S. 168 (1937)

Mumm v. Jacob E. Decker & Sons

No. 627

Argued March 29, 1937
Decided April 26, 1937
301 U.S. 168

CERTIORARI TO THE CIRCUIT COURT OF APPEALS

FOR THE EIGHTH CIRCUIT

Syllabus

1. In a patent infringement suit, the bill should contain "a short and simple statement of the ultimate facts upon which the plaintiff asks relief, omitting any mere statement of evidence. . . ." Eq.Rule 25. P. 170.

2. In a suit for infringement of a patent, it is not a part of the plaintiff’s case to negative prior publication or prior use or the other matters to which R.S. §§ 4886 and 4887 refer. P. 171.

3. The issue of the patent is enough to show, until the contrary appears, that all the conditions under which a discovery is patentable in accordance with the statutes have been met. The burden of proving want of novelty rests upon the defendant, and is a heavy one. Id.

86 F.2d 77 reversed.

Certiorari, 300 U.S. 646, to review a decree affirming the dismissal of the bill in a suit for patent infringement.