Davis Sewing Mach. Co. v. New Departure Mfg. Co.
Court of Appeals for the Sixth Circuit
Appeal from the District Court of the United States for the Southern District of Ohio; Howard C. Hollister, Judge. Suit in equity by the New Departure Manufacturing Company against the Davis Sewing Machine Company. Decree for complainant, and defendant appeals. ' The New Departure Company brought suit against the Davis Company for infringement of claims 25-30, and claim 19, of patent No. 850,077, issued April 9, 1907, to Townsend, for a coaster brake for bicycles.
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Appeal from the District Court of the United States for the Southern District of Ohio; Howard C. Hollister, Judge. Suit in equity by the New Departure Manufacturing Company against the Davis Sewing Machine Company. Decree for complainant, and defendant appeals. ' The New Departure Company brought suit against the Davis Company for infringement of claims 25-30, and claim 19, of patent No. 850,077, issued April 9, 1907, to Townsend, for a coaster brake for bicycles. There was the usual interlocutory decree for plaintiff, and defendant appeals. The parties will be named here as below. Their…
1Opinion of the Court
DENISON, Circuit Judge.
[1] As in every patent case, the court must select that method of approach to the crucial questions which seems to furnish the simplest and clearest solution; and, in the present case, it seems to us best to inquire: First, what were the scope and extent of Townsend’s real invention, as shown by comparison with the state of the art? Second, does the defendant employ this invention? And, if so, then, third, do the terms of the patent grant fairly permit a construction which will cover the form of the invention so appropriated by defendant?
We are satisfied that the…
2Cases cited10 opinions
- Continental Paper Bag Co. v. Eastern Paper Bag Co.Supreme Court of the United States · 1908
- Boyden Power-Brake Co. v. Westinghouse Westinghouse v. Boyden Power-Brake Co.Supreme Court of the United States · 1898
- Morley Sewing MacHine Co. v. LancasterSupreme Court of the United States · 1889
- Columbus Watch Co. v. RobbinsCourt of Appeals for the Sixth Circuit · 1894
- Kellogg Switchboard & Supply Co. v. Dean Electric Co.Court of Appeals for the Sixth Circuit · 1910
5 more not listed; retrieve them via the Exa API.
3Cited by40 opinions
- General Electric Co. v. Wabash Appliance Corp.Supreme Court of the United States · 1938
- Firestone Tire & Rubber Co. v. United States Rubber Co.Court of Appeals for the Sixth Circuit · 1935
- Thomas E. Bryan v. Sid W. Richardson, Inc.Court of Appeals for the Fifth Circuit · 1958
- Buono v. Yankee Maid Dress CorporationCourt of Appeals for the Second Circuit · 1935
- Cutter Laboratories, Inc. v. Lyophile-Cryochem CorporationCourt of Appeals for the Ninth Circuit · 1950
35 more not listed; retrieve them via the Exa API.