Rosemary Mfg. Co. v. Halifax Cotton Mills, Inc.
Court of Appeals for the Fourth Circuit
Appeal from the District Court of the United States for the Western District of Virginia, at Uynchburg; Henry Clay McDowell, Judge. Suit by the Rosemary Manufacturing Company against the Halifax Cotton Mills, Incorporated. From an order refusing leave to file supplemental bill, complainant appeals.
1Opinion of the Court
WOODS, Circuit Judge.
Plaintiff appeals from an order of the District Court refusing leave to file a supplemental bill. The suit is for infringement of reissued patent No. 12159; the claim being in substance for a combination of Jacquard mechanism with a power loom. The decree of the District Court holding the patent invalid was affirmed by this court (257 Fed. 321, 168 C. C. A. 405), for the reason that the claim was for any combination, and not for a’ specific combination - invented by the patentee. Thereafter the plaintiff oas owner of the patent entered a disclaimer of “combination,…
2Cases cited3 opinions
- Mexican Central Railway Co. v. PinkneySupreme Court of the United States · 1893
- Berliner Gramophone Co. v. SeamanCourt of Appeals for the Fourth Circuit · 1902
- Rosemary Mfg. Co. v. Halifax Cotton Mills, Inc.Court of Appeals for the Fourth Circuit · 1919
3Cited by7 opinions
- General Electric Co. v. AlexanderCourt of Appeals for the Second Circuit · 1922
- Hartford-Empire Co. v. OBEARNESTER GLASS CO.Court of Appeals for the Eighth Circuit · 1938
- Bankers' Trust Co. v. Virginia Ry. & Power Co.Court of Appeals for the Fourth Circuit · 1921
- Georgia Continental Telephone Co. v. Georgia Public Service CommissionDistrict Court, N.D. Georgia · 1934
- Dixi-Cola Laboratories, Inc. v. Coca-Cola Co.Court of Appeals for the Fourth Circuit · 1944
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