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Patent Law Keyed to Adelman
Egbert v. Lippmann
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- Topic: Identifies the topic of law and where this case fits within your course outline.
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- Procedural Posture & History: Shares the case history with how lower courts have ruled on the matter.
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- Brief Facts: A Synopsis of the Facts of the case.
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- Facts: What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case. Review the Facts of this case here:
Barnes invented improved corset steels between January and May of 1855, according to the testimony given by the executrix of his estate, Egbert (Plaintiff) in an action she brought against Defendant for patent infringement. Plaintiff stated that she and a friend, Mrs. Cugier, had complained in Barnes's presence about how their corset steels would break. He then said he could make a pair that would not break. When they met again, he presented to Plaintiff a pair of corset steels he had made, and she wore them for quite some time. She added that he presented another pair to her in 1858 and that when the corsets she had put them in wore out, she ripped the corset steels out and put them in new corsets several times. Sturgis testified that Barnes told him about the invention in 1863, that he went to Barnes's home to see them, and that Barnes had his wife remove her corset and use a pair of scissors to remove the steels so he could explain to Sturgis how they were made and used. Defendant argued that this evidence confirmed that the steels were "in public use" long before a patent application was made which ultimately voided the issued patent. Plaintiff appealed the circuit court's decision in favor of the Defendant.
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