Chicago Wooden Ware Co. v. Miller Ladder Co.
Court of Appeals for the Seventh Circuit
Appeal and Cross-Appeal from the Circuit Court of the United States for the Northern Division of the Northern District of Illinois. The Miller Ladder Company brought this suit on account of an alleged infringement of letters patent No. 343,829, June 15, 1886, and No. 401,848, April 23,1889, to Miller, complainant’s assignor, for improvements in folding trestles.
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Appeal and Cross-Appeal from the Circuit Court of the United States for the Northern Division of the Northern District of Illinois. The Miller Ladder Company brought this suit on account of an alleged infringement of letters patent No. 343,829, June 15, 1886, and No. 401,848, April 23,1889, to Miller, complainant’s assignor, for improvements in folding trestles. The description and claims of the first Miller patent.are as follows: “The object of the present invention is to provide a simple and effective trestle for scaffolding for the use of paper hangers to support their boards on, or as a…
1Opinion of the Court
BAKER, Circuit Judge.
Motion to dismiss the cross-appeal. A year before the decree now appealed from was entered, the court enjoined defendants pendente lite from continuing to infringe the second claim of the first patent and the four claims of the second patent. From that temporary injunction, indisputably interlocutory, defendants might have prosecuted an appeal under section 7 of the Court of Appeals act; and on such an appeal the sole question would have been whether the court had improvidently entered the injunctional order. Adam v. Folger, 120 Fed. 260, 56 C. C. A. 540. But since the…
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