Legal Opinion

Elite Mfg. Co. v. Ashland Mfg. Co.

Court of Appeals for the Sixth Circuit

Decided October 3, 1916No. 2815PublishedCited by 14 opinions

Appeal from District Court of the United States for the Eastern Division of the Northern District of Ohio; John H. Clarke, Judge. Suit by the Elite Manufacturing Company against the Ashland Manufacturing Company. From a judgment for defendant, plaintiff appeals.

1Opinion of the Court

SATER, District Judge.

The plaintiff, as assignee of the Burk-holder patents, No. 1,004,741, for a lift jack for automobiles, issued October 3, 1911, and No. 44,837, for a design for a lifting-jack standard, issued November 4, 1913, lost its infringement suit against the defendant in the lower court on the ground that neither of its patents disclosed novelty or an exercise of the inventive faculty. Relief *894is sought against such adverse ruling. The claims of the first-named patent are shown in the margin.1

[1,2] The lift jack is not exclusively adapted to automobiles, but may be used for the…

2Cases cited4 opinions

  1. Goodyear Tire & Rubber Co. v. Rubber Tire Wheel Co.Court of Appeals for the Sixth Circuit · 1902
  2. Overweight Counterbalance Elevator Co. v. Henry Vogt Mach. Co.Court of Appeals for the Sixth Circuit · 1900
  3. Charles Boldt Co. v. Nivison-Weiskopf Co.Court of Appeals for the Sixth Circuit · 1912
  4. Sheffield Car. Co. v. D'ArcyCourt of Appeals for the Sixth Circuit · 1912

3Cited by14 opinions

  1. Applied Arts Corp. v. Grand Rapids Metalcraft Corp.Court of Appeals for the Sixth Circuit · 1933
  2. Huebner-Toledo Breweries Co. v. Mathews Gravity Carrier Co.Court of Appeals for the Sixth Circuit · 1918
  3. Schick Service, Inc. v. JonesCourt of Appeals for the Ninth Circuit · 1949
  4. Robinson Aviation, Inc. v. Barry Corp.District Court, D. Massachusetts · 1952
  5. In Re AppelburgCourt of Customs and Patent Appeals · 1930

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