Legal Opinion

Societe Anonyme du Filtre Chamberland Systeme Pasteur v. Allen

U.S. Circuit Court for the District of Northern Ohio

Decided August 31, 1897No. 1,344PublishedCited by 6 opinions

This was a suit in equity by Societe Anonyme du Mitre Chamber-land Systeme Pasteur and the Pasteur-Ohamberland Filter Company against M. H. Allen and the Allen Manufacturing Company. The case was heard on an application for a preliminary injunction. This is a bill by the plaintiff as the assignee of Charles Eduard Chamberland, claiming as the American patentee of the well-known Pasteur filter.

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This was a suit in equity by Societe Anonyme du Mitre Chamber-land Systeme Pasteur and the Pasteur-Ohamberland Filter Company against M. H. Allen and the Allen Manufacturing Company. The case was heard on an application for a preliminary injunction. This is a bill by the plaintiff as the assignee of Charles Eduard Chamberland, claiming as the American patentee of the well-known Pasteur filter. The patent involved is that of February in, 1S8S, — No. 330,585. Besides the ordinary allegations charging infringement against the defendants, the hill contains tlús allegation: “And your orators…

1Opinion of the CourtHammond, J.

(after stating the facts). When this argument was first presented, there seemed to be no escape from the apparently conclusive precedent found in the-case of Blount v. Chamberland Systeme Pasteur, 3 C. C. A. 455, 53 Fed. 98, in which our own circuit court of appeals had pronounced in favor of the patent, to say nothing of the other cases relied upon where the patent has been involved. That court was then acting under the authority of the case of Watch Co. v. Robbins, 6 U. S. App. 275, 3 C. C. A. 103, 52 Fed. 337, since overruled in the case of Bissell Carpet-Sweeper Co. v. Goshen Sweeper Co.,…

2Cases cited40 opinions

  1. Russell v. PlaceSupreme Court of the United States · 1877
  2. Corning v. BurdenSupreme Court of the United States · 1854
  3. Blount v. Societe Anonyme Du Filtre Chamberland Systeme PasteurCourt of Appeals for the Sixth Circuit · 1892
  4. Bissell Carpet-Sweeper Co. v. Goshen Sweeper Co.Court of Appeals for the Sixth Circuit · 1896
  5. Electric Manuf'g Co. v. Edison Electric Light Co.Court of Appeals for the Seventh Circuit · 1894

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3Cited by6 opinions

  1. Societe Anonyme Du Filtre Chamberland Systeme Pasteur v. AllenCourt of Appeals for the Sixth Circuit · 1898
  2. State ex rel. Saint v. Houssiere-Latreille Oil Co.Supreme Court of Louisiana · 1909
  3. Hartford v. Westen Mfg. Co.U.S. Circuit Court for the District of New Jersey · 1909
  4. National Paint Removing Co. of Washington v. CochranDistrict Court, W.D. Washington · 1923
  5. Victor Talking Mach. Co. v. Leed & Catlin Co.U.S. Circuit Court for the District of Southern New York · 1910

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