Toledo Scale Co. v. Computing Scale Co.
Court of Appeals for the Seventh Circuit
In Equity. Suit by the Computing Scale Company against the Toledo Scale Company. On petition to the Circuit Court of Appeals by complainant to enforce a final decree previously rendered against defendant and affirmed by the Circuit Court of Appeals.
1Opinion of the Court
BAKER, Circuit Judge.
Computing Company’s patent was granted in 1895 and expired in 1912. Toledo Company’s infringement began in 1906 and continued throughout the life of the patent. Suit was begun in a District Court in Ohio in 1906 and Toledo Company answered that the patent was void by reason of prior patents and prior public use. In 1910 the present suit was instituted, and as a condition for extending time for taking evidence the court below required Computing Company to dismiss its Ohio suit. In answering the bill Jn this suit Toledo Company averred anticipation by reason of earlier…
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