BEFORE JUDGE BLATCHFORD Samuel h. Doughty vs. Joseph J. West et al.This was a suit in equity to restrain the infringement of a reissued patent, granted to the plaintiff on August 1,1865, for an " improvement in skeleton skirts." The patent was originally issued October!, 1853, to the plaintiff, James H. Draper, who was tlie inventor, and it was reissued on December 37,1859, and the plaintiff, by assignment, tieeame the owner of the entire interest in it. He brought a suit on it against two of the defendants in this suit, the decision in which is to be found in 8. Fisher's Patent Cases, 553, in whieh the Court held that the plaintiff could not recover what was elaimed by him without a reissue. That deeision was made in June, 1865, and the present reissue was granted in August, 1865. The bill charges as an infringement of the patent the making and selling of skeleton skirts by the defendauts. One of the principal defenses set up to the bill is that Draper was not the original and first inventor of what is covered by the last reissue, and much testimonyhas been introduced by the defendants for the purpose of establishing the existence, before the time of the invention of Draper, of skeleton skirts similarly constructed. The main questions discussed on the hearing were, whether Draper was an original, and, if so, the first inventor of the improvement claimed in the last reissue, and whether he made such invention before the time when he applied for his original patent. A good deal of testimonywas submitted by defendant, but Judge Blatch-f ord decided that the plaintiff had made out his case clearly, and to his (the Judge's) entire satisfaction, and decreed a perpetual injunction and an account, with reference to a master, and for costs of suits.
This article was originally published with the title "Hoop Skirt Litigation"