Brown v. John Hastie & Co., Ltd [1904] ScotLR 42_52 (08 November 1904)

Brown v. John Hastie & Co., Ltd [1904] ScotLR 42_52 (08 November 1904)

The pursuers' patent was a master patent covering the inventive concept of associating a cut-off valve with the control valve to prevent steam leakage when the engine is at rest. The defenders' apparatus, though using a different mechanism, was an equivalent achieving the same result and thus constituted infringement.

Citation
[1904] ScotLR 42_52
Parties
Pursuer: Brown and Brown Brothers & Company; Defender: John Hastie & Company, Limited
Jurisdiction
Scotland
Judgment Date
08 November 1904
Procedural Posture
Patent Infringement / Appeal (reclaiming Motion) From Lord Ordinary's Decree After Proof
Outcome
Appeal dismissed; decree for pursuers affirmed
Legal Topics
Patent Infringement, Construction of Specification, Mechanical Equivalents, Master Patent Doctrine
Intellectual Property Patents Patent Infringement Construction of Specification Mechanical Equivalents Master Patent Doctrine

Case Brief

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Parties

Brown and Brown Brothers & Company

Pursuer

John Hastie & Company, Limited

Defender

Procedural Posture

Patent Infringement / Appeal (reclaiming Motion) From Lord Ordinary's Decree After Proof

Legal Issues

  1. 1 Whether the defenders' apparatus infringed the pursuers' patent by employing mechanical equivalents to achieve the same result
  2. 2 Whether the pursuers' patent was limited to the specific method described or covered the broader inventive concept

Ratio Decidendi

The pursuers' patent was a master patent covering the inventive concept of associating a cut-off valve with the control valve to prevent steam leakage when the engine is at rest. The defenders' apparatus, though using a different mechanism, was an equivalent achieving the same result and thus constituted infringement.

Court Disposition

Appeal dismissed; decree for pursuers affirmed

Orders

  • Declaration of infringement of pursuers' patent by defenders' mechanisms
  • Interdict against further infringement by defenders