Case Comment

McCormick v.

citation(s): (1861), 31 L.J. Ex. 42 per Pollock, C.B.

copyright 1997 Donald M. Cameron, Aird & Berlis




The Decision

At p. 46

"...the man who makes this blade does not, in my judgment, make a machine; and the plaintiff's patent being for a machine, the defendant does not infringe it unless he makes a machine".

At p.48

"...it seems a man could not make the blade of a knife without infringing this person's patent because you may intend to put it into a machine, or you may not. I think it is very clear case, and I am satisfied there is no difference between making a thing with one intent and making it with another, because I always understood that if a man may do a thing he may do it with whatever intent he pleases. He may, therefore, make this particular article, whether it were intended to be used in some machine in reaping, or was not so intended. I have, therefore, I own, a confident opinion that the patent has not been infringed."


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