Beckwith v. Malleable Iron Range Co.
District Court, E.D. Wisconsin
l'n Equity. Suit by Arthur K. Beckwith against the Malleable Iron Range Company. On motion by defendant to strike certain specifications from master’s summons.
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l'n Equity. Suit by Arthur K. Beckwith against the Malleable Iron Range Company. On motion by defendant to strike certain specifications from master’s summons. The complainant was awarded a decree for infringement, pursuant to which the cause was referred to a master to take an account of the number of infringing devices made, sold, and used by, also the gains, profits, and advantages received by or accruing to, ilie defendant; also the damages suffered by the infringement The matter being thus before the master, a summons or subpoena was issued to the defendant requiring it to appear; to…
1Opinion of the CourtGeiger, District Judge
(after stating the facts as above). [1] The Court of Appeals, in disposing of' the matter which was presented to it, and in ruling that the situation was covered by equity rule No. 63, observed that, the status of an infringer of a patent being recognized as that of a trustee ex malificio, the rules respecting the burden of proof as announced in Westinghouse Co. v. Wagner Co., 225 U. S. 604, 32 Sup. Ct. 691, 56 L. Ed. 1222, 41 L. R. A. (N. S.) 653, and Garretson v. Clark, 111 U. S. 120; 4 Sup. Ct. 291, 28 L. Ed. 371, are not inconsistent with the applicability of such equity rule, and…
2Cases cited4 opinions
- Thomson v. WoosterSupreme Court of the United States · 1885
- Westinghouse Electric & Manufacturing Co. v. Wagner Electric & Manufacturing Co.Supreme Court of the United States · 1912
- Garretson v. ClarkSupreme Court of the United States · 1884
- In re BeckwithCourt of Appeals for the Seventh Circuit · 1913
3Cited by9 opinions
- Davilla v. Brunswick-Balke Collender Co.Court of Appeals for the Second Circuit · 1938
- United States v. Clifford Matley Family TrustCourt of Appeals for the Ninth Circuit · 2004
- Coffield Motor Washer Co. v. Wayne Mfg. Co.Court of Appeals for the Eighth Circuit · 1918
- Corrugated Paper Patents Co. v. Paper Working Mach. Co.District Court, S.D. New York · 1916
- Armstrong v. Belding Bros. & Co.District Court, D. Connecticut · 1922
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