Legal Opinion

Duff Mfg. Co. v. Norton

U.S. Circuit Court for the District of Massachusetts

Decided March 15, 1899No. 1,068PublishedCited by 2 opinions

This was a suit in equity by the Duff Manufacturing Company against Arthur O. Norton for alleged infringement of letters patent No. 455,993, issued July 14, 1891, to Josiah Barrett, for a lifting jack. Only claims 1, 2, and 6 of the patent were in issue.

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This was a suit in equity by the Duff Manufacturing Company against Arthur O. Norton for alleged infringement of letters patent No. 455,993, issued July 14, 1891, to Josiah Barrett, for a lifting jack. Only claims 1, 2, and 6 of the patent were in issue. These claims read as follows: “(1) In a jack, the combination of a bar having teeth on one side thereof, a pivotal lever, two pawls pivoted to said lever, and having fingers rigid therewith, and a yielding tripping plate having lugs (hereon adapted l.o engage with said fingers, and, through the same, draw the pawls from engagement with the…

1Opinion of the Court

PUTNAM, Circuit Judge.

This is an application for an ad- interim injunction, alleging infringement of claims 1, 2, and 6 of the patent in issue here. The complainant relies on that branch of the law which supports such applications by the results of antecedent litigation, even where the parties are not the same, as explained by the circuit court of appeals for this circuit in Wilson v. Store-Service Co., 31 C. C. A. 533, 88 Fed. 286. The complainant has cited the following decisions which relate to the letters patent now in suit:

Manufacturing Co. v. Forgie, 57 Fed. 748, heard on bill, answer,…

2Cases cited12 opinions

  1. Electric Manuf'g Co. v. Edison Electric Light Co.Court of Appeals for the Seventh Circuit · 1894
  2. Edison Electric Light Co. v. Beacon Vacuum Pump & Electrical Co.U.S. Circuit Court for the District of Massachusetts · 1893
  3. Beach v. HobbsU.S. Circuit Court for the District of Massachusetts · 1897
  4. Beach v. HobbsCourt of Appeals for the First Circuit · 1899
  5. Bresnahan v. Tripp Giant Leveller Co.Court of Appeals for the First Circuit · 1896

7 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

  1. Duff Mfg. Co. v. Kalamazoo Railroad Velocipede & Car Co.U.S. Circuit Court for the District of Western Michigan · 1900
  2. Duff Mfg. Co. v. NortonU.S. Circuit Court for the District of Massachusetts · 1899

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