Dalby v. Lynes
U.S. Circuit Court for the District of Massachusetts
This was a suit in equity by Thomas Dalby against Alexander Lynes for alleged infringement of letters patent No. 357,068, issued February 1, 18,87, to complainant, for “improvements in undershirts or vests.”
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This was a suit in equity by Thomas Dalby against Alexander Lynes for alleged infringement of letters patent No. 357,068, issued February 1, 18,87, to complainant, for “improvements in undershirts or vests.” The invention is thus described in the specifications of tin* patent: “This invention consists, primarily, in constructing undershirts or vests so that they shall bo shaped or fashioned to the body without the employment of either a narrowing or a widening machine, or the cutting a.wa,y of any portion of the fabric at the narrow portion of the body, or the cutting out of the shape. The…
1Opinion of the Court
PUTNAM, Circuit Judge.
The answer admits infringement of the third claim of the complainant’s patent in the event it is found to be valid. It denies infringement of any other claim, and none such is proven. Therefore, it is conceded that the third claim is alone in issue. The larger portion of the evidence in this cause is directed at alleged prior use and knowledge by others than the inventor. The last affirmation of the rale of evidence touching this defense is in Morgan v. Daniels, 153 U. S. 120, 123, 14 Sup. Ct. 772, where it is applied to the effect of a decision of the commissioner of…
2Cases cited12 opinions
- The Barbed Wire PatentSupreme Court of the United States · 1892
- Morgan v. DanielsSupreme Court of the United States · 1894
- Gayler v. WilderSupreme Court of the United States · 1851
- Coffin v. OgdenSupreme Court of the United States · 1874
- Egbert v. LippmannSupreme Court of the United States · 1881
7 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Schiebel Toy & Novelty Co. v. ClarkCourt of Appeals for the Sixth Circuit · 1914
- Imperial Brass Mfg. Co. v. NelsonCourt of Appeals for the Seventh Circuit · 1913
- West Boylston Mfg. Co. v. WallaceU.S. Circuit Court for the District of Massachusetts · 1905
- Imperial Brass Mfg. Co. v. NelsonU.S. Circuit Court for the Northern District of Illnois · 1912
- Lipper Mfg. Co. v. American Brand Trimming, Inc.District Court, S.D. New York · 1930
4 more not listed; retrieve them via the Exa API.