Union Special Machine Co. v. Metropolitan Sewing Machine Co.
District Court, S.D. New York
In Equity. Suit by the Union Special Machine Company against the Metropolitan Sewing Machine Company, Lucius N. Littauer, and Charles McC. Chapman for infringement of letters patent No. 655j-143 for a ruffling sewing machine, granted to Woodward July 31, 1900, and also the Stocker patent No. 583,391, granted May 25, 1897.-On final hearing.
1Opinion of the Court
MAYER, District Judge.
The controversy has been narrowed to a consideration of claims 5, 9, and 11 of the Woodward Ruffling Sewing Machine. The defenses are invalidity, ñoninfringement, and joint invention.
On the evidence there is a serious question, to say the least, as to whether Woodward was the sole inventor, and the testimony and surrounding circumstances point strongly to the joint inventorship of Swift and Woodward. The length of time during which Swift kept silent is not necessarily inconsistent with his testimony now. Very often an employé does just as Swift did and speaks only after…
2Cases cited4 opinions
- MacHine Co. v. MurphySupreme Court of the United States · 1878
- Davey Pegging Mach. Co. v. Isaac Prouty & Co.Court of Appeals for the First Circuit · 1901
- American Steel & Wire Co. of New Jersey v. Denning Wire & Fence Co.Court of Appeals for the Eighth Circuit · 1912
- William B. Scaife & Sons Co. v. Falls City Woolen MillsDistrict Court, W.D. Kentucky · 1912