San Francisco Bridge Co. v. Keating
Court of Appeals for the Ninth Circuit
In Error to the Circuit Court of the United States for the Northern ’District, of California. This was an action at law by Dennis Keating against the San Franciso 11 ridge Company for infringement of a patent relating to excavators. In the circuit court there was a verdict for plaintiff upon the first and fourth claims of the patent, and judgment was entered accordingly. Defendant brings error.
1Opinion of the Court
HAWLEY, District Judge.
This is an action to recover damages for an infringement of letters patent No. 180.718, issued to Dennis Keating, the defendant in error, August 8, 1876, for an “improvement in excavators.” There are eleven claims in the patent, only four of which — 1, 4, 7, and 9 — were claimed at the trial to have been infringed by the plaintiff in error. The court withdrew from the jury any consideration of the seventh and ninth claims, and, under proper instructions, submitted to the jury the question as to whether ¡here was any invention in the first and fourth claims. The jury…
2Cases cited8 opinions
- Smith v. Goodyear Dental Vulcanite Co.Supreme Court of the United States · 1877
- Lehnbeuter v. HolthausSupreme Court of the United States · 1882
- National Cash Register Co. v. American Cash Register Co.Court of Appeals for the Third Circuit · 1892
- Blessing v. Works.U.S. Circuit Court for the District of Southern New York · 1888
- Kaolatype Engraving Co. v. HokeU.S. Circuit Court for the District of Eastern Missouri · 1887
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3Cited by3 opinions
- E. E. Johnson Co. v. Grinnell Washing Mach. Co.Court of Appeals for the Seventh Circuit · 1916
- Read Machinery Co. v. JaburgDistrict Court, S.D. New York · 1914
- Halliburton v. Independent Oil Well Cementing Co.District Court, W.D. Oklahoma · 1930