Legal Opinion

Kaolatype Engraving Co. v. Hoke

U.S. Circuit Court for the District of Eastern Missouri

Decided March 24, 1887PublishedCited by 20 opinions

In Equity. On demurrer to bill. This is a suit brought October, 1886, against Joseph W. Hoke and Charles D. Moody, to restrain the alleged infringement of letters patent No. 158,084, granted July 14, 1874, to Maurice Joyce, for an improvement in processes of producing relief-line metal plates for printing, etc.

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In Equity. On demurrer to bill. This is a suit brought October, 1886, against Joseph W. Hoke and Charles D. Moody, to restrain the alleged infringement of letters patent No. 158,084, granted July 14, 1874, to Maurice Joyce, for an improvement in processes of producing relief-line metal plates for printing, etc. The bill alleges that Mr. Joyce was the first inventor of the improvement described in said patent; that the defendants are “doing business under the name of the Hoke Engraving Company;” and “that since the fourteenth day of July, 1874, and on divers times and occasions between that…

1Opinion of the CourtThayee, J.

1. In the above case the court is of tbe opinion that it sufficiently appears from tho bill that the defendants are jointly engaged in the alleged acts of infringement, and that the first point of the demurrer, to the effect that the bill is multifarious, should bo overruled. We are also of the opinion that it does not affirmatively appear that tho plaintiff has been guilty of such laches as to preclude it from obtaining relief. The allegation is that since ihe date of tho lottters patent, on June 14, 1874, on divers fimos and occasions, tho defendants have used and sold the invention. Tins…

2Cases cited2 opinions

  1. Slawson v. Grand Street RailroadSupreme Court of the United States · 1883
  2. Brown v. PiperSupreme Court of the United States · 1875

3Cited by20 opinions

  1. American Fibre-Chamois Co. v. Buckskin-Fibre Co.Court of Appeals for the Sixth Circuit · 1896
  2. Krell Auto Grand Piano Co. v. Story & Clark Co.Court of Appeals for the Seventh Circuit · 1913
  3. United States Mitis Co. v. Detroit Steel & Spring Co.Court of Appeals for the Sixth Circuit · 1903
  4. United States v. Merck & Co.Court of Customs and Patent Appeals · 1917
  5. I. T. S. Rubber Co. v. Essex Rubber Co.District Court, D. Massachusetts · 1920

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