99 F. 280 | 1st Cir. | 1900
The litigation involving the validity and scope of the Cutcheon patent has been protracted over a period of eight years. Questions in respect to its validity and scope, in different aspects, have been several times before the circuit court', and twice before the circuit court of appeals for the First circuit, wherein its patentability and its utility have been repeatedly sustained and explained. It is now strenuously urged by counsel for the Cutcheon interests that from the beginning the relations of the present appellants to the litigation involving the Cutcheon invention have been such, as parties or privies, as to estop them from further litigation in respect to all questions heretofore settled in this circuit in the various cases involving the Cutcheon device. The evidence before us tends strongly to show that the appellants were privy in fact to the various proceedings involved in this litigation; hut if we were to assume that the present appellants were parties in a part of the prior litigation, and that they conducted, controlled, and paid the expenses of that in which they were not parties of record, we could not, in the present aspect of this case, accept such conditions as operating as a strict estoppel, for the reason that the final decree in the earlier litigation was entered after this proceeding was instituted, and is not so pleaded as to strictly and legally present the question pf estoppel. Moreover, the petition of Hayes and Bresnahan, filed in this cause January 2, 1897, for leave to file a supplemental bill, concludes with the prayer that, upon the coming in of the proofs under the supplemental bill, they may be awarded a hearing of the original eause. On January 22d of the same year the circuit court, exercising the discretion which resides alone with such court, granted leave in general terms, and without limitation. Such order unquestionably entitles the appellants to a consideration de novo of all the questions at issue in this cause. Such questions, however, are subject to such fair and reasonable influence as may legally result, on grounds other than strict estoppel, from the prior determinations and adjudications upon similar facts in respect to the Cutcheon pa,tent.
The petition for a rehearing on supplemental hill was grounded .upon newly-discovered evidence involved in a prior patent issued to one Collyer, and another to one De Forest, which it is claimed are .anticipations of the Cutcheon patent, or, if not to be accepted as •• such, at least serve to limit the first claim thereof. The petition was
The rule of stare decisis is a salutary one, at least to the extent that a court should with reasonable stability adhere to its solemnly declared and authoritatively published decisions in respect to similar situations, and upon questions depending upon similar facts which relate to general interests, as well as to private and particular interests, and in respect to which the public, in a measure, is supposed to adjust itself and its business affairs; and even upon the view which we take, that the prior litigation is not, strictly speaking, an estoppel upon the defendant in respect to the questions now presented, the public view is one which we are bound to consider upon the question whether all that has been decided by the various courts, and all the business interests and conditions which have been established throughout the country in reliance thereon, should be unsettled and overthrown upon the ground of newly-discovered evidence, of a recorded and public character, like that of a patent, introduced into this proceeding nearly six years after the validity of the Cutcheon patent was put in issue in the Herrick Gase, in which there was a final hearing in the circuit court, and an opinion reported in 52 Fed. 147; a hearing on appeal, reported in 8 C. C. A. 475, 60 Fed. 80; a hearing on a motion for a rehearing, which was denied, in the same case, November 16, 1893, — and nearly five years after the validity and scope of the patent were put in issue in a proceeding to which the present appellants were parties of record, and in relation to which there had been numerous hearings, including a hearing upon motion for preliminary injunction; another upon motion for contempt; a final hearing respiting in an opinion of the circuit court, reported in 61 Fed. 289; a hearing upon motion for preliminary injunction, resulting in the opinion of the circuit court published in 70 Fed. 982; and a hearing on appeal, wherein the decree of the circuit court was affirmed. 19 C. C. A. 237, 72 Fed. 920. Public policy requires that decisions which involve general law, and the determination of facts such as those involved in a patent which may concern the general public, should be adhered to, unless it shall subsequently be made
“It is undoubtedly a settled principle that a party seeking to enforce a claim, legal or equitable, must present to the court, either by the pleadings or proofs, or both, all the grounds upon which ho expects a judgment In his favor. He is not at liberty to split np his demand and prosecute it by piecemeal, or present only a portion of the grounds upon which special relief is sought, and leave the rest to be presented in a second suit if the first fail. There would be no end to litigation if such a practice Were permissible.”
Under the constitution and the laws, every party is entitled to a full and fair trial, and this means that every party holds his property and his interests subject to the results fairly and reasonably reached by the constituted authorities under the limitations upon humanity. The theory of the judicial system is to give a party a reasonable day in court, and a trial as full, fair, and impartial as the lot of humanity will permit; but this theory does not contemplate that litigation shail be so interminable that private rights shall be practically incapable of vindication.
While the views which we have expressed in respect to stare decisis, public policy, and laches do not operate strictly as an estoppel under the circumstance's of this case, such considerations have operated to create and sustain the rule which requires that the newly-discovered evidence, in order to be controlling, shall fully, clearly, and unmistakably establish, in connection with the G;her evidence in idle case, that the former decisions between the same parties were wrong. In the present case, at an earlier stage (19 C. C. A. 237, 72 Fed. 920), on appeal from an earlier decree than the one based upon the newly-discovered evidence which we are now considering, the appellants' then maintained that they furnished proofs in addition (not the present newly-discovered evidence) to the proofs adduced in the original case; and the full force of the rule as to the effect of prior determinations and adjudications in patent cases was there recognized by tiie court of appeals, which, in referring to the rule that subsequent discoveries should not narrow the claim as in Jerpreted in Herrick v. Leveller Co., supra, unless the newly-discovered evidence made a new case, said at page 924, 72 Fed., and at page 242, 19 C. C. A., “We would annul
As has been already said, the newly-discovered evidence on which the appellants relied was the Collyer patent, No. 178,598, dated June 13, 1876, for improvements in machines for the manufacture of boots and shoes, and the De Forest patent, No. 270,936, dated January 23, 1883, for improvements in presses, both of which were granted prior to the date of the Cutcheon invention., The opinion of Judge Colt on rehearing in this case (92 Fed. 391) presents an exceedingly careful analysis of the mechanism involved in the newly-discovered evidence, and its application, so far as it may be applied, to the mechanism involved in the Cutcheon invention. We might fairly and reasonably enough leave the weight and effect of the newly-discovered evidence involved in both patents upon the analysis accorded to it in the circuit court; for it seems to us that, in view of the whole situation, which includes, of course, the prior determinations and adjudications in respect to the Cutcheon patent, the circuit court was clearly right in treating the newly-discovered evidence as quite insufficient to change the results theretofore reached. Judge Colt, in his opinion on rehearing, significantly points out that the De Forest patent was borrowed from a different art; but let us, for a moment, look at this patent, not in the light of extremely refined and scientific conception and reasoning, but rather upon the practical view which, in a sense, at least, should govern a practical question relating to a practical machine to be used by practical men in the practical affairs of life. This patent, in general terms, presents a description of a device for improvements in presses; and, in the description, it is clearly and distinctly stated that “the invention relates to that class of presses which are designed and used for pressing materials of a spongy nature, such as cotton, tobacco, etc., but more especially for pressing and molding plug tobacco.” Following this is a particular description as to how the plugs shall be formed and molded under pressure, and it will thus be seen that its chief and leading idea is its intended application to the tobacco industry, wherein it is intended to press the light and leafy tobacco substance into solid plugs of marketable shapes and forms. From beginning to end, the word “shoe” (in the sense of a leather shoe) or “leather” or “sole” does not appear in the description or the claims of the patent; and no line or word suggests in the remotest way the idea that the inventor intended it should be used, or that the inventor thought it capable of being used, in the shoe industry, or to fit leather to the form and shape of the human foot. If the fact (which is disputed) were conceded that ingenious and skillful experts may discover in its mechanism a latent and undisclosed capacity, rendering it susceptible of being transformed into a machine capable of beating out leather and shaping it to the foot, and thereby doing something that the inventor never dreamed it could do, it would not present an anticipation so clear and unequivocal as to warrant the court in disturbing its prior adjudications, made upon full and fair hearing, and upon consideration of prior submitted evidence and arguments. Such a disturbance of judicial decision