Western Electric Co. v. Sperry Electric Co.
Court of Appeals for the Seventh Circuit
Appeal from fbe Circuit Court of tbe United States for the Northern District of Illinois. Bill by the Western Electric Company against the Sperry Electric Company and others to enjoin infringement of a patent. Defendants obi ained a. decree. Complainant appeals.
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Appeal from fbe Circuit Court of tbe United States for the Northern District of Illinois. Bill by the Western Electric Company against the Sperry Electric Company and others to enjoin infringement of a patent. Defendants obi ained a. decree. Complainant appeals. Statement by WOODS, Circuit Judge: The appellant, as assignee of the inventor, Charles H. Scribner, to whom had been granted letters patent No. 420,109, brought tills suit to enjoin infringement and to obtain an accounting. The respondents, not admitting that the patent, was issued in due form of,law, nor that the complainant was the…
1Opinion of the Court
WOODS, Circuit Judge,
(after making the foregoing statement.) .There is a material difference between the abandonment of an invention and the abandonment of an application for letters patent thereon by failure to comply with section 4-894 of (he Eevised Statutes. The tirst gives the invention to the public, and, once done, the act is irretrievable; but, besides the power conferred upon the commissioner of patents to relieve an applicant from an abandonment of his application under the statute, an application, which has lapsed, or been rejected or withdrawn, may be renewed or repeated so long,…
2Cases cited4 opinions
- Shaw v. CooperSupreme Court of the United States · 1833
- Planing-Machine Co. v. KeithSupreme Court of the United States · 1880
- United States Rifle & Cartridge Co. v. Whitney Arms Co.Supreme Court of the United States · 1886
- Adams v. JonesU.S. Circuit Court for the District of Western Pennsylvania · 1859
3Cited by24 opinions
- Goshen Sweeper Co. of Grand Rapids v. Bissell Carpet-Sweeper Co.Court of Appeals for the Sixth Circuit · 1895
- Cleveland Foundry Co. v. Detroit Vapor Stove Co.Court of Appeals for the Sixth Circuit · 1904
- Cold Metal Process Co. v. UNITED STATES ENG. & FOUNDRY CO.District Court, W.D. Pennsylvania · 1933
- Michigan Cent. R. v. Consolidated Car-Heating Co.Court of Appeals for the Sixth Circuit · 1895
- Chicago Lock Co. v. TratschCourt of Appeals for the Seventh Circuit · 1934
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