Comptograph Co. v. Burroughs Adding Mach. Co.
Court of Appeals for the Seventh Circuit
Appeals from the Circuit Court of the United States for the Eastern Division of the Northern District of Illinois. Suits in equity by the Comptograph Company against the Burroughs Adding Machine Company. From a decree (175 Fed. 787, 792) in each case dismissing the bill, complainant appeals.
Read the full summary
Appeals from the Circuit Court of the United States for the Eastern Division of the Northern District of Illinois. Suits in equity by the Comptograph Company against the Burroughs Adding Machine Company. From a decree (175 Fed. 787, 792) in each case dismissing the bill, complainant appeals. The bill, No. 1674, was to restrain infringement of letters patent No. 628,-170, issued to Dorr H. Felt, July 4, 1899, for a Tabulating Machine; to which appellee pleaded that it was licensed under said patent, and, on account of said license, could not be held for infringement — ’Counsel for appellant…
1Opinion of the CourtGrosscup, Circuit Judge
The patent, involved in these suits, was before this Court in the case of the Universal Adding Machine Company v. Comptograph Company, 146 Fed. 981, 77 C. C. A. 227, and was held invalid on the ground that it was either anticipated .by the Hiett and Cable patent, which had been issued before this patent was applied for, or that, accepting the contention that the invention was conceived in 1890, so as to carry the concept back of the Hiett and Cable patent, the same had been abandoned by non-use. The correctness of that decision is not involved in this case; nor is any evidence brought into…
2Cases cited4 opinions
- Blight's Lessee v. RochesterSupreme Court of the United States · 1822
- Willison v. WatkinsSupreme Court of the United States · 1830
- Indiana Mfg. Co. v. J. I. Case Threshing Mach. Co.Court of Appeals for the Seventh Circuit · 1907
- Universal Adding Mach. Co. v. Comptograph Co.Court of Appeals for the Seventh Circuit · 1906
3Cited by5 opinions
- Comptograph Co. v. Burroughs Adding Machine Co.Supreme Court of Iowa · 1916
- Ohio Citizens Trust Co. v. Air-Way Electric Appliance Corp.District Court, N.D. Ohio · 1944
- Miller v. O. B. McClintock Co.Supreme Court of Minnesota · 1941
- United Mfg. & Service Co. v. Holwin Corp.Court of Appeals for the Seventh Circuit · 1951
- Comptograph Co. v. Adder Machine Co.Court of Appeals for the D.C. Circuit · 1914