Brown v. Duchesne

60 U.S. 183 (1856)

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Brown v. Duchesne

United States Supreme Court
60 U.S. 183 (1856)

  • Written by Eric Miller, JD

Facts

John Brown (plaintiff) obtained a patent on an improvement to the gaff of a sailing vessel. Duchesne (defendant), a French navigator, used the same gaff rig on his vessel, which sailed under the French flag. Brown brought a patent-infringement action against Duchesne, asserting that the claim fell within the jurisdiction of the United States because Duchesne had made a stop in Boston on his most recent voyage. The circuit court ruled in favor of Duchesne. Brown appealed to the United States Supreme Court.

Rule of Law

Issue

Holding and Reasoning (Taney, C.J.)

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Casebooks

Patent

Key Terms

  • Patent InfringementUnder the general infringement section of 35 U.S.C. § 271, a person who imports, sells, offers to sell, or uses in the United States without authorization a patented invention, process, machine, or manufacture is chargeable with infringement of the patent.

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