Indiana Mfg. Co. v. Nichols & Shepard Co.
U.S. Circuit Court for the District of Eastern Michigan
In Equity. Bill by the Indiana Manufacturing Company against the Nichols & Shepard Company. On demurrer to complaint, on exceptions to answer, and on motion to strike out cross-bill. Demurrer to complaint, and exceptions to answer overruled. The defendant demurs to a bill of complaint which seeks to enforce rights dependent on or connected with a “license and agreement” of June 10. 1902, between complainant, as licensor and the defendant as licensee.
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In Equity. Bill by the Indiana Manufacturing Company against the Nichols & Shepard Company. On demurrer to complaint, on exceptions to answer, and on motion to strike out cross-bill. Demurrer to complaint, and exceptions to answer overruled. The defendant demurs to a bill of complaint which seeks to enforce rights dependent on or connected with a “license and agreement” of June 10. 1902, between complainant, as licensor and the defendant as licensee. This agreement recited that the licensor was the owner of various letters patent pertaining to pneumatic stackers, and that among such letters…
1Opinion of the CourtDenison, District Judge
(sitting by designation, after stating the, facts as above). ■ [1] Whatever doubts may have been suggested by the Supreme Court (Cortelyou v. Johnson, 207 U. S. 200, 28 Sun. Ct. 105, 52 L. Ed. 167; Bobbs-Merrill Co. v. Straus, 210 U. S. 345, 28 Sup. Ct. 722, 52 L. Ed. 1086) or intimated in the Second Circuit (by the action of the Court of Appeals 1 on the appeal from Crown Cork & Seal Co. v. Stopper Co. [C. C.] 172 Fed. 225), it is undoubtedly the established rule of patent law in this circuit that when a licensee, who is entitled to use a patented machine under certain conditions only,…
2Cases cited9 opinions
- Bobbs-Merrill Co. v. StrausSupreme Court of the United States · 1908
- Pope Manufacturing Co. v. GormullySupreme Court of the United States · 1892
- Heaton-Peninsular Button-Fastener Co. v. Eureka Specialty Co.Court of Appeals for the Sixth Circuit · 1896
- Indiana Mfg. Co. v. J. I. Case Threshing Mach. Co.Court of Appeals for the Seventh Circuit · 1907
- Rupp & Wittgenfeld Co. v. ElliottCourt of Appeals for the Sixth Circuit · 1904
4 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- American Lecithin Co. v. Warfield Co.Court of Appeals for the Seventh Circuit · 1939
- Consolidated Electrodynamics Corporation, a Corporation v. Midwestern Instruments, Inc., a CorporationCourt of Appeals for the Tenth Circuit · 1958
- Steiner Sales Co. v. Schwartz Sales Co.Court of Appeals for the Tenth Circuit · 1938
- Sinko Tool & Mfg. Co. v. Casco Products CorporationCourt of Appeals for the Seventh Circuit · 1937
- N. S. W. Co. v. Wholesale Lumber & Millwork, Inc.Court of Appeals for the Sixth Circuit · 1941
15 more not listed; retrieve them via the Exa API.