New Process Fermentation Co. v. Baltz
United States Circuit Court
Final Hearing on Pleadings and Proof. Bill for injunction against infringement of letters patent No. 215,-679, dated May 20, 1874, for a new and useful apparatus and improvement in processes for making beer. The answer denied both the novelty and the infringement.
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Final Hearing on Pleadings and Proof. Bill for injunction against infringement of letters patent No. 215,-679, dated May 20, 1874, for a new and useful apparatus and improvement in processes for making beer. The answer denied both the novelty and the infringement. The evidence showed that in the manufacture of the beer after the casks containing the beer were bunged respondent used the bung patented by Henry Gruth, in letters patent No. 225,368, for the purpose of racking off the beer from the shavings casks and relieving them from excessive pressure. The principal question raised was…
1Opinion of the CourtMcKennan, C. J.
Although the answer denies the validity of the patent on which this suit is founded, the respondent’s counsel has confined his discussion of the case to the question of infringement, and that is the only question which we deem it necessary to consider.
The only proof in support of the allegation of infringement produced by the complainant is the testimony of Mathias Hoffman, but, unaided by the presumption arising from the absence of any proof on the other side, it could not be regarded as sufficient to acquit the complainant of the burden which rests upon it. It is answered fully, however, by…
2Cited by1 opinion
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