The U.S. Supreme Court case New Marshall Engine Company v. Marshall Engine Company in 1911 revolved around a dispute over patent rights and infringement claims between the two companies. The plaintiff, New Marshall Engine Company, alleged that the defendant had infringed on their patented engine design and sought damages for this violation of their intellectual property rights. However, the defendant argued that they were not guilty of infringement as they had been using a similar design before the plaintiff's patent was granted. After reviewing evidence from both parties, including expert testimonies regarding similarities and differences between designs, as well as historical usage data to establish priority of use or invention date; it was determined by the court that there wasn't sufficient proof to substantiate an infringement claim against Marshall Engine Company.

The dissenting opinion in the case of New Marshall Engine Company v. Marshall Engine Company argued that the majority's decision to uphold a lower court ruling, which found in favor of the plaintiff (Marshall Engine Co.), was incorrect. The dissenting justices believed that there were significant issues with how the original patent for an engine design had been obtained by Mr. Marshall and subsequently transferred to his company, arguing it was done so fraudulently and without proper disclosure of prior use or knowledge about similar designs already existing in England. They also disagreed with how damages were calculated, believing they should have been based on actual loss suffered rather than potential profits lost due to infringement. Furthermore, they felt that granting such broad protection over a common mechanical arrangement would stifle innovation and competition within this industry sector.