Besser v. Merrilat Culvert Core Co.
Court of Appeals for the Eighth Circuit
Appeal from the District Court of the United States for the Southern District of Iowa; Martin J. Wade, Judge. Suit in equity by Charles A. Besser against the Merrilat Culvert Core Company. Decree for defendant, and complainant appeals.
1Opinion of the Court
AMIDON, District Judge.
This suit is brought to restrain infringement of patent No. 952,869, issued to the plaintiff, Charles A. Besser. The answer sets up invalidity and noninfringement. The trial court dismissed the bill, largely on the defense of noninfringement, claiming that plaintiff’s patent was greatly restricted by what occurred in the patent office while the application was pending. We think both defenses have been made out, but that the decree can best be rested on the ground of invalidity.
[1, 2] The patent relates to a metallic core for concrete culverts so constructed as to expand…
2Cases cited1 opinion
- Troy Laundry Machinery Co. v. Columbia Mfg. Co.District Court, E.D. Pennsylvania · 1914
3Cited by15 opinions
- E. I. Du Pont De Nemours & Company v. Berkley and Company, Inc., E. I. Du Pont De Nemours & Company v. Berkley and Company, Inc.Court of Appeals for the Eighth Circuit · 1980
- Isenstead v. WatsonDistrict Court, District of Columbia · 1957
- In Re OberwegerCourt of Customs and Patent Appeals · 1940
- Panduit Corporation v. Stahlin Bros. Fibre Works, Inc.District Court, W.D. Michigan · 1969
- Commonwealth Engineering Co. v. LaddDistrict Court, District of Columbia · 1961
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