Nutter v. Mossberg
U.S. Circuit Court for the District of Massachusetts
In Equity. Suit for infringement of patent. On application to the court pending appeal to request the return of the record for further proceedings. See 116 Fed. 488.
1Opinion of the Court
BROWN, District Judge.
Within the term at which the decree was entered, but after the allowance and entry of an appeal, and while the appeal is still pending, the defendants make application to this court to request the circuit court of appeals to return the record to this court for further proceedings, or for leave to file a supplemental bill in the nature of a bill of review.
It is conceded that the defendants have newly discovered evidence in the Hale & Tolman bicycle bell, which was in somewhat extensive use for more than two years prior to the date of the patent in suit, and that they are…
2Cases cited6 opinions
- Roemer v. SimonSupreme Court of the United States · 1875
- Marden v. Campbell Printing-Press & Manufacturing Co.Court of Appeals for the First Circuit · 1895
- Roemer v. SimonSupreme Court of the United States · 1877
- Cimiotti Unhairing Co. v. American Unhairing Mach. Co.District Court, S.D. New York · 1900
- Cimiotti Unhairing Co. v. American Unhairing Mach. Co.Court of Appeals for the Second Circuit · 1900
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Wagner v. MeccanoCourt of Appeals for the Sixth Circuit · 1916
- In re RobertshawCourt of Customs and Patent Appeals · 1935