Buerk v. Imhaeuser
U.S. Circuit Court for the District of Southern New York
[In equity. Suit by Jacob E. Buerk against William Imhaeuser, Theodore Hahn, and-Charles Keinath for infringement of letters patent No. 48,048, for an “improvement in watchman’s time detectors,” issued to complainant, as assignee of John Buerk, January 1, 1801, reissued August 22, 1865, and again reissued March 8, 1870, and numbered 3,869. There was a decree for an injunction, and a reference to a master to ascertain as to damages.
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[In equity. Suit by Jacob E. Buerk against William Imhaeuser, Theodore Hahn, and-Charles Keinath for infringement of letters patent No. 48,048, for an “improvement in watchman’s time detectors,” issued to complainant, as assignee of John Buerk, January 1, 1801, reissued August 22, 1865, and again reissued March 8, 1870, and numbered 3,869. There was a decree for an injunction, and a reference to a master to ascertain as to damages. Case No. 2,106. On the coming in of the master’s report, the defendants excepted thereto, and their exceptions were sustained in part [For denial of defendants’…
1Opinion of the Court
JOHNSON, Circuit Judge.
Under the interlocutory decree in this case, the master was ordered, among other things to report the gains and profits which the defendants, or either of them, had received from the manufacture, use and sale of the patented improvement of the plaintiff, and also to assess and report the damages, if any,- which the plaintiff had suffered or sustained by reason of the infringement, over and above the said gains and profits. He found, and has reported, that the defendants, up to the time when Keinath left the firm, had sold 61 infringing time-detectors, with a profit,…
2Cited by10 opinions
- Aro Manufacturing Co. v. Convertible Top Replacement Co.Supreme Court of the United States · 1964
- Imhaeuser v. BuerkSupreme Court of the United States · 1880
- Rite-Hite Corporation v. Kelley Company, Inc.Court of Appeals for the Federal Circuit · 1995
- Burdett v. EsteyUnited States Circuit Court · 1880
- National Folding-Box & Paper Co. v. ElsasCourt of Appeals for the Second Circuit · 1898
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