Russell v. Place

94 U.S. (4 Otto) 606 (1876).

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Nature of the Case

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Facts

Russell (P) sued Place (D) for infringing on his patent to treat leather. P's complaint described his initial patent and its surrender for insufficient description, its reissue with amended specification, and a prior judgment against D for patent infringement. D claimed lack of novelty as his defense. P claimed that D was estopped from asserting this defense because of the prior judgment. Judgment was rendered to D. P appealed.