Legal Opinion

Stegner v. Blake

United States Circuit Court

Decided August 6, 1888PublishedCited by 2 opinions

In Equity. Suit for infringement of patent.

1Opinion of the CourtWheeler, J.

This suit is brought upon letters patent No. 215,178r dated May 6, 1879, and granted to the orator Stegner, for an improvement in beer-stamp protector and bung retainer. The defenses are, want of patentability and novelty, and non-infringement.

Some of the orators’ testimony is from witnesses residing out of the district, and more than 100 miles from the place of trial, and has been taken by deposition de bene esse, under the statutes. Objection was made at the time of the taking that it was being done “without authority of court,” and “before an officer without authority under the equity…

2Cases cited10 opinions

  1. Smith v. Goodyear Dental Vulcanite Co.Supreme Court of the United States · 1877
  2. Bates v. CoeSupreme Court of the United States · 1878
  3. Pennsylvania Railroad v. Locomotive Engine Safety Truck Co.Supreme Court of the United States · 1884
  4. Union Insurance v. SmithSupreme Court of the United States · 1888
  5. Nelson v. WoodruffSupreme Court of the United States · 1862

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3Cited by2 opinions

  1. Audiffren Refrigerating Mach. Co. v. General Electric Co.District Court, D. New Jersey · 1917
  2. Martin v. The American Bark Fort GeorgeDistrict Court, D. Hawaii · 1912

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