Computing Scale Co. v. Toledo Computing Scale Co.
Court of Appeals for the Seventh Circuit
Appeal and Cross-Appeal from the District Court of the United States for the Eastern Division of the Northern District of Illinois. Suit for infringement of a patent by the Computing Scale Company against the Toledo Computing Scale Company. From a decree rendered for complainant after an accounting, the parties separately appeal.
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Appeal and Cross-Appeal from the District Court of the United States for the Eastern Division of the Northern District of Illinois. Suit for infringement of a patent by the Computing Scale Company against the Toledo Computing Scale Company. From a decree rendered for complainant after an accounting, the parties separately appeal. In Toledo Computing Scale Co. v. Computing Scale Co., 208 Fed. 410, 125 C. C. A. 022, appellee’s bill was based on claims 5 and Ó of reissue patent 11,536 and on patent 597,300, and the District Court sustained both patents and entered’ a decree of injunction and an…
1Opinion of the CourtBaker, Circuit Judge
(after stating the facts as above). From this and many other cases we get the impression that patent lawyers are quite generally possessed of the belief that a patent infringement bill in equity, to stop future trespasses and to make the defendant pay for past trespasses, is sui generis. As this is counter to the conception of equity jurisprudence which we entertain, and which lies at the root of many reasons given in the present decision, we proceed first to state briefly that conception.
[ 1 ] Property may be classified as real or personal or mixed, and as tangible or intangible. But the…
2Cases cited7 opinions
- Westinghouse Electric & Manufacturing Co. v. Wagner Electric & Manufacturing Co.Supreme Court of the United States · 1912
- National Brake & Electric Co. v. ChristensenSupreme Court of the United States · 1920
- Bullock Electric & Mfg. Co. v. Westinghouse Electric & Mfg. Co.Court of Appeals for the Sixth Circuit · 1904
- Western Glass Co. v. Schmertz Wire Glass Co.Court of Appeals for the Seventh Circuit · 1915
- Oehring v. Fox Typewriter Co.Court of Appeals for the Second Circuit · 1918
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3Cited by37 opinions
- Beatrice Foods Company v. New England Printing and Lithographing CompanyCourt of Appeals for the Federal Circuit · 1990
- Goodyear Tire & Rubber Co. v. Overman Cushion Tire Co.Court of Appeals for the Sixth Circuit · 1937
- Carter Products, Inc. v. Colgate-Palmolive CompanyDistrict Court, D. Maryland · 1963
- Marconi Wireless Telegraph Co. of America v. United StatesUnited States Court of Claims · 1942
- Radio Corporation of America v. AndreaCourt of Appeals for the Second Circuit · 1937
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