Kirchberger v. American Acetylene Burner Co.
U.S. Circuit Court for the District of Northern New York
In Equity. The bill of complaint in this action is filed for the purpose of enjoining and restraining the'defendants from directly or indirectly making, constructing, vending, counterfeiting, or imitating an invention claimed to belong to the complainants, and alleged to be covered and protected by letters patent No. 589,342, issued to the Acetylene House Lighting Company, on application of Edward J. Dolan, as assignee, by mesne assignments dated August 31, 1897, and…
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In Equity. The bill of complaint in this action is filed for the purpose of enjoining and restraining the'defendants from directly or indirectly making, constructing, vending, counterfeiting, or imitating an invention claimed to belong to the complainants, and alleged to be covered and protected by letters patent No. 589,342, issued to the Acetylene House Lighting Company, on application of Edward J. Dolan, as assignee, by mesne assignments dated August 31, 1897, and thereafter assigned by mesne assignments to Charles W. Iden, whereby he became and now remains the sole owner of said letters…
1Opinion of the Court
RAY, District Judge.
The bill of complaint, after alleging the grant of the patent hereinafter mentioned and the assignment thereof to Charles W. Iden, accompanied by an allegation that he is now the sole owner thereof and entitled to recover for any past infringement thereof, alleges that said Charles W. Iden, said owner, on the 24th day of April, 1901, for good and valuable consideration and upon certain conditions, granted unto the complainants Moritz Kirchberger, Benno von Schwarz, George von Schwarz, and Philip von Frays, as copartners, the sole and exclusive right to make, vend, and use…
2Cases cited2 opinions
- Cochrane v. DeenerSupreme Court of the United States · 1877
- Foote v. SilsbyU.S. Circuit Court for the District of Northern New York · 1849
3Cited by9 opinions
- Baldwin-Lima-Hamilton Corp. v. Tatnall Measuring Systems Co.District Court, E.D. Pennsylvania · 1958
- In re CoykendallCourt of Appeals for the D.C. Circuit · 1928
- Phillips Petroleum Co. v. Sid Richardson Carbon & GasoLine Co.District Court, N.D. Texas · 1968
- American Acetylene Burner Co. v. KirchbergerCourt of Appeals for the Second Circuit · 1905
- American Graphophone Co. v. Universal Talking Machine Mfg. Co.U.S. Circuit Court for the District of Southern New York · 1906
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