ELASTIC FABRICS CO. v. SMITH


100 U.S. 110 (____)

ELASTIC FABRICS COMPANY v. SMITH.

Supreme Court of United States.


Attorney(s) appearing for the Case

Mr. Benjamin Dean for the appellant.

Mr. R.P. Lowe for the appellee.


MR. CHIEF JUSTICE WAITE delivered the opinion of the court.

For all practical purposes, except costs, the appellant was successful in the court below. While the validity of the appellee's patent was sustained, it was a fruitless victory to him, because the patent expired before the determination of the suit, and the court found that he was not entitled to recover from the appellant either profits or damages. As the decree stands, it sustains an expired patent, and...

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