Rein v. Clayton
U.S. Circuit Court for the District of Eastern Michigan
In Equity. . On motion for an injunction. This w'as a bill to enjoin the use of an invention belonging to plaintiffs, for which they had not yet obtained a patent. The bill averred the plaintiffs to be the joint inventors and owners of an invention of an improvement in plumbers’ and jewelers’ furnaces, for which they had made application for a patent on September 11, 1888. A copy of the application, with the specifications, drawings, and claims, ivas annexed to the bill.
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In Equity. . On motion for an injunction. This w'as a bill to enjoin the use of an invention belonging to plaintiffs, for which they had not yet obtained a patent. The bill averred the plaintiffs to be the joint inventors and owners of an invention of an improvement in plumbers’ and jewelers’ furnaces, for which they had made application for a patent on September 11, 1888. A copy of the application, with the specifications, drawings, and claims, ivas annexed to the bill. The bill, which was filed October 11, 1888, further averred that the plaintiffs had been diligently prosecuting their…
1Opinion of the CourtBrown, J.
We are confronted upon the threshold of this ease with the important question whether an inventor can maintain a bill for an injunction before the issue of a patent. The question has been directly decided in but a single case, viz., Butler v. Ball, 28 Fed. Rep. 754; and it is upon this case alone that plaintiffs rely for the maintenance of this suit. The learned judge, who delivered the opinion in this case, does not discuss the question upon principle, but cites two authorities as settling it in favor of the jurisdiction. The first case (Evans v. Weiss, 2 Wash. C. C. 342) was an action at…
2Cases cited9 opinions
- Gayler v. WilderSupreme Court of the United States · 1851
- Brown v. DuchesneSupreme Court of the United States · 1857
- Evans v. JordanSupreme Court of the United States · 1815
- Peck v. CollinsSupreme Court of the United States · 1881
- Moffitt v. GarrSupreme Court of the United States · 1862
4 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- AO Smith Corporation v. Petroleum Iron Works Co.Court of Appeals for the Sixth Circuit · 1934
- Brill v. St. Louis Car Co.U.S. Circuit Court for the District of Eastern Missouri · 1897
- D. M. Steward Mfg. Co. v. StewardTennessee Supreme Court · 1902
- O'Neil v. E. I. duPont de Nemours & Co.Court of Chancery of Delaware · 1919
- Ball & Socket Fastener Co. v. CohnU.S. Circuit Court for the District of Southern New York · 1898
5 more not listed; retrieve them via the Exa API.