Legal Opinion

Truax v. Detweiler

U.S. Circuit Court for the District of Southern New York

Decided March 27, 1891PublishedCited by 2 opinions

In Equity. Thomson v. Wooster, 114 U. S. 114, 5 Sup. Ct. Rep. 788; Goodyear v. Evans, 6 Blatchf. 121; Morse Fountain Pen Co. v. Esterbrook Steel Pen Manuf’g Co., 3 Fish. Pat. Cas. 515; Cook v. Ernest, 5 Fish. Pat. Cas. 396; MeComb v. Ernest, 1 Woods, 195; Minneapolis Harvester Works v. McCormick Harvesting-Mach. Co., 28 Fed. Rep. 565; Vulcanite Co. v. Gardner, 4 Fish. Pat. Cas. 224; Collignon v. Hayes, 8 Fed.

Read the full summary

In Equity. Thomson v. Wooster, 114 U. S. 114, 5 Sup. Ct. Rep. 788; Goodyear v. Evans, 6 Blatchf. 121; Morse Fountain Pen Co. v. Esterbrook Steel Pen Manuf’g Co., 3 Fish. Pat. Cas. 515; Cook v. Ernest, 5 Fish. Pat. Cas. 396; MeComb v. Ernest, 1 Woods, 195; Minneapolis Harvester Works v. McCormick Harvesting-Mach. Co., 28 Fed. Rep. 565; Vulcanite Co. v. Gardner, 4 Fish. Pat. Cas. 224; Collignon v. Hayes, 8 Fed. Rep. 912; Atlantic Giant Powder Co. v. Ditt-mar Powder Manuf'g Co., 9Fed. Rep. 316; Cantrell v, Wallick, 117 U.S. 689, 6 Sup. Ct. Rep. 970; Clough v. Manufacturing Co., 106 U. S. 178, 1…

1Opinion of the Court

Lacombe, Circuit Judge.

The complainant is the owner of patent No. 424,944, issued April 8, 1890, to one Allen, for an instrument (a pump) for the transfusion of blood. Heretofore action was brought against the defendant, Detweiler, and another, who were making and selling pumps identical in all respects with those described in the patent. They did not defend. Decree was entered by default, and final injunction issued. Subsequently, on January 18, 1891, a patent (No. 444,690) was issued for a surgical pump similar to complainant’s, the difference between the two instruments being but slight.…

2Cases cited1 opinion

  1. Buerk v. ImhaeuserU.S. Circuit Court for the District of Southern New York · 1876

3Cited by2 opinions

  1. Gordon v. Turco-Halvah Co.Court of Appeals for the Second Circuit · 1917
  2. Bonsack Mach. Co. v. National Cigarette Co.U.S. Circuit Court for the District of Southern New York · 1894

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API