Sherman, Clay & Co. v. Searchlight Horn Co.
Court of Appeals for the Ninth Circuit
Appeal from the District Court of the United States for the Second Division of the Northern District of California; Wm. C. Van Fleet, Judge. Suit in equity by the Searchlight Horn Company against Sherman, Clay & Co. to enjoin infringement of letters patent, No. 771,441, for a horn for phonographs or similar machines granted to Peter C. Nielsen, October 4, 1904, with answer and petition by defendant to enjoin further prosecution of the suit, and for a stay.
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Appeal from the District Court of the United States for the Second Division of the Northern District of California; Wm. C. Van Fleet, Judge. Suit in equity by the Searchlight Horn Company against Sherman, Clay & Co. to enjoin infringement of letters patent, No. 771,441, for a horn for phonographs or similar machines granted to Peter C. Nielsen, October 4, 1904, with answer and petition by defendant to enjoin further prosecution of the suit, and for a stay. Petition denied, and stay refused, and defendant appeals.
1Opinion of the Court
WOLVERTON, District Judge.
This is a suit by appellee, the Searchlight Horn Company, against Sherman, Clay & Co., to enjoin the infringement of a patent, and for an accounting for profits realized and damages sustained by reason of the infringement. The complainant is the owner of the patent, and Sherman, Clay & Co. is a dealer in phonographic horns manufactured under the patent, and is selling them to retailers, who sell to users. Sherman, Clay & Co. purchases the horns from the Victor Talking Machine Company, of New Jersey. The Victor Company purchases from certain unknown manufacturers. The…
2Cases cited3 opinions
- Lovejoy v. MurraySupreme Court of the United States · 1866
- Birdsell v. ShaliolSupreme Court of the United States · 1884
- Stebler v. Riverside Heights Orange Growers' Ass'nCourt of Appeals for the Ninth Circuit · 1914
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- Green v. Electric Vacuum Cleaner Co.Court of Appeals for the Sixth Circuit · 1942
- Dowagiac Mfg. Co. v. Deere & Webber Co.Court of Appeals for the Eighth Circuit · 1922
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