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Patent Law Keyed to Adelman
City of Elizabeth v. American Nicholson Pavement Co.
Facts
In 1954, Plaintiff patented a process for laying down wooden pavement that was cheaper, more durable and safer than the norm. While developing the process, Plaintiff experimented at his own expense, by laying down pavement on a public road in Boston in 1948. It was assumed that people and horses would use it to travel on. The Defendant laid down wooden pavements very much like the patented process. Plaintiff successfully brought an action for patent infringement, and the Supreme Court agreed to review it.
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