Keyes v. Eureka Consolidated Mining Co.
Supreme Court of the United States
APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE NORTHERN DISTRICT OF CALIFORNIA. This was a bill in equity filed by appellants against appellee in the Circuit Court of the United States for the Northern District of California to recover for the infringement of a patent.
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APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE NORTHERN DISTRICT OF CALIFORNIA. This was a bill in equity filed by appellants against appellee in the Circuit Court of the United States for the Northern District of California to recover for the infringement of a patent. The patent, No. 121,385, bears date November 28, 1871, and was issued to appellants as joint inventors, the invention consisting of a method of tapping or withdrawing molten lead or other metals from a smelting furnace. The bill was filed October 29, 1888, and contained the usual prayer for an injunction,…
1Opinion of the CourtChief Justice Fuller
As stated by the Circuit Court, when this patent was applied for andissued^ complainants were both in the employment of the defendant, one as superintendent of defendant’s mine, and the other as assayer and smelter at the mine and smelting works, each receiving a regular salary. “While thus engaged they made the invention covered by the patent, and on April 19,1871, before the application for the patent, put the improvement on the first furnace of defendant, and on April 24, the date of the application, put it on the second furnace. These improvements were continuously used in defendant’s…
2Cases cited3 opinions
- Root v. Railway Co.Supreme Court of the United States · 1882
- Clark v. WoosterSupreme Court of the United States · 1886
- Lane & Bodley Co. v. LockeSupreme Court of the United States · 1893
3Cited by29 opinions
- Gill v. United StatesSupreme Court of the United States · 1896
- American Circular Loom Co. v. WilsonMassachusetts Supreme Judicial Court · 1908
- American Metropolitan Enterprises of New York, Inc. v. Warner Bros. Records, Inc.Court of Appeals for the Second Circuit · 1968
- City of Boston v. AllenCourt of Appeals for the First Circuit · 1898
- Heywood-Wakefield Co. v. SmallCourt of Appeals for the First Circuit · 1937
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