Cleveland Foundry Co. v. American Stove Co.

TAYLER, District Judge.

This case is before the court on final hearing. The bill of complaint charges infringement of the Jeavons patent, No. 475,401, claim 1. The answer denies the validity of the patent, and denies infringement. Several other defenses are set up, viz.: That Jeavons was not the inventor of the device; that there is no proof that the alleged infringing devices were defendant’s; and that complainant is estopped from maintaining the suit.

The validity of claim 1 of this patent was passed upon by the Circuit Court of Appeals in the case of Cleveland Foundry Company et al. v.…