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Patent Law Keyed to Adelman
Alexander Milburn Co. v. Davis-Bournonville Co.
Facts
Plaintiff had been assigned the Whitford patent and claimed that Defendant infringed upon it. As a defense, Defendant claimed that Clifford had filed a patent application which disclosed the invention prior to the date when Whitford filed his patent application, although the patent was not issued to Clifford until after Whitford filed his application. It therefore argued that Whitford was not the first inventor of the thing patented. The district court ruled in favor of the Plaintiff and found the Whitford patent valid. The court of appeals affirmed. Both courts considered the effective date of the Clifford patent to be the date it was granted, which followed the Whitford application date. Therefore, it would not be available as a reference to bar a patent being issued to Whitford. Defendant appealed.
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