Legal Opinion

Consolidated Fruit-Jar Co. v. Wright

Supreme Court of the United States

Decided January 29, 1877No. 166PublishedCited by 121 opinions

Appeal from tbe Circuit Court of the United States for the Southern District of New York. This is a bill in equity filed by the Consolidated Fruifc-Jar Company to restrain the alleged infringement by the defendant of letters-patent No. 102,918, issued May 10, 1870, to John L. Mason, for an “ improvement in fruit-jars,” and of which the complainant, by mesne assignments, is the owner.

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Appeal from tbe Circuit Court of the United States for the Southern District of New York. This is a bill in equity filed by the Consolidated Fruifc-Jar Company to restrain the alleged infringement by the defendant of letters-patent No. 102,918, issued May 10, 1870, to John L. Mason, for an “ improvement in fruit-jars,” and of which the complainant, by mesne assignments, is the owner. The court below, upon hearing, dismissed the bill; whereupon the complainant appealed here.- The facts are set forth in the opinion of the court.

1Opinion of the CourtJustice Swayne

This is a case in equity brought by the appellants to enjoin the appellee from infringing a patent issued by the United States to John L. Mason, on the 10th of May, 1870, “for an improvement in fruit-jars,” of which patent the complainant is the assignee.

The disclaimer and claim of the patent are as follows: —

“ Separately considered, I do not claim a metallic flexible screw-ring or cap, C, for holding a cover on a preserve-jar, nor an external gasket receiving-shoulder .upon preserve-jar, except when such gasket-shoulder is at the top of a continuous glass screw; neither do I claim the…

2Cases cited2 opinions

  1. McCLURG v. KINGSLANDSupreme Court of the United States · 1843
  2. Agawam Co. v. JordanSupreme Court of the United States · 1869

3Cited by121 opinions

  1. Florida Prepaid Postsecondary Education Expense Board v. College Savings BankSupreme Court of the United States · 1999
  2. Egbert v. LippmannSupreme Court of the United States · 1881
  3. Electric Storage Battery Co. v. ShimadzuSupreme Court of the United States · 1939
  4. Allen v. CooperSupreme Court of the United States · 2020
  5. McCullough Tool Co. v. Well Surveys, Inc.Court of Appeals for the Tenth Circuit · 1965

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