The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-04-22
The Hook-Heasied Spike Case.


The recent decision by the Supreme Court Of the United
States, in the Of the Troy Iron and Nail Fac DRY
vs. Eastus Corning John F. Wns9w and James s Har,
Case has been very generally announced by the news
papers. Probably few mora important suits at law,
touching the validity of patent or one that has in
volved larger amount Of damages, has come to final
decision in this country 1t definitely settles the validity
of patent by which article is manufactured than
which there is scarcely another in extensive use,
vests in the patentee. Henry Burden Esq, OF this
city the sole right hereafter to manufacture aud vend
the article We shall probably be doing favor to the
public and more especially 10 class of manufacturers
who well as the immediate defendants in this suit,
have interest in the subject by stating briefly the
leug and breadth of the decision referred TO To full
derstsndng of this necessary to into full his
tory OF the suit OF the different suits between the
ties the matter all of which resulted in favor of
Burden; vet few facts be stated Burdens first
against Coming, Winslow Horner, for violating
said patent, vhich suit resulted in verdict of S7oo
motion for trial having been overruled, the
verdict carried into final Judgment against the de-
PENDANTS In lS4s having believe that Messrs
Coming Winslow Il Horner continued 10 his patent
Burden brought suit and Ged bill tor perpetual in
junction damages in the Uuited States Circuit Court
for the Northern District Of New York The validity OF
the patent again sustained but the injunction
granted, the defendants alleging that they had Ii
to manufacture. Burden appealed to the United
States Supreme Court and this appeal is the present
decision To better understanding of the decision
will state briefly what Burden prayed for in his BILL viz
That the court would enon the defendants Corning,
Homer Il Winsow, their attorneys, and agents, and
workmen, 10 desist from making using Ct vending
machine containing the improvements for which letters
patent granted to Burden the I'd Sept lS40
and from selling using spikes which they then had
hand which had been manufactured by their
chimes containing the improvements of that patent and
that account of the profits which they had derived
from the Of such patented improvements should be
made
The court in giving their decision say that the license
answer defence, which they Claim to man
uacture, not license and touching the ether ale
cations in the bin the Court say they all either
proved admitted by the Of the defendants
In every point of view say the Court which
take Of this think that the defendants have in
nged the patent for making hook brad headed spikes
Of the court below to be reversed and shall order per
petua injunction. 10 enjon the defendants from using
the machine with Burdens bending lever in the
ture of brad headed spike and shall remand the
the below with directions account be taken
pray ed for by the appellants
This having b. en- remanded 10 the court below
(the o. s. Court Of the Northern District Of New York;
the Injunction and decree of the highest court
the land At its next term probably in June next there
will be examiner commissioner pponted enforce
the Injunction, and examine into the profits made by
Corning, Winslow and Horner by the of Burdens
patent the amount of damage sustained by Bur
den consequence OF the unjust and una wu viola ton
and Infringement by the defendants These two items,
when ascertained viii constitute the damages TO which
the court has adudeed Burden 10 be entitled The
that VIII be paid by the defendants in this suit s
understood TO be large extensive business has for
many years been done in the manufacture Of the hook
heaoed spike.
We understand that it is Mr. Burden Is intention to take
vigorous 70 compel all others who have made
unlawful Of his patent to make proper restitu
Under this decision there would to be for
the parties implicated, who understood to be
merous.