Legal Opinion

Force v. Sawyer-Boss Mfg. Co.

Court of Appeals for the Second Circuit

Decided January 20, 1906No. 63PublishedCited by 3 opinions

Appeal from the Circuit Court of the United States for the Eastern District of New York. See 131 Fed. 884. This case comes here on appeal by defendants from a final decree of the United States Circuit Court for the Eastern District of New York in favor of complainant against the defendant Sawyer-Boss Manufacturing Company in the sum of $5,889.02, for profits realized by defendant from the manufacture of a hand stamp which infringed complainant’s patent, No. 462,065, granted…

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Appeal from the Circuit Court of the United States for the Eastern District of New York. See 131 Fed. 884. This case comes here on appeal by defendants from a final decree of the United States Circuit Court for the Eastern District of New York in favor of complainant against the defendant Sawyer-Boss Manufacturing Company in the sum of $5,889.02, for profits realized by defendant from the manufacture of a hand stamp which infringed complainant’s patent, No. 462,065, granted October 27, 1901, to Willard E. Sawyer, and against the defendant Holihan for $1,172.63, as his individual share in the…

1Opinion of the Court

TOWNSEND, Circuit Judge.

The questions of law involved in these appeals have been so fully considered in recent decisions of this court that in order to determine the'issues raised it is only necessary to apply said decisions to the facts proved in this case. The interlocutory decree, adjudicating the validity of claims 1 and 2 of said patent, and their infringement by defendants, and ordering an injunction and accounting, was affirmed in this court on the opinion of the court below. Upon the accounting, the master reported that the complainant had failed to prove the profits made by…

2Cases cited5 opinions

  1. Garretson v. ClarkSupreme Court of the United States · 1884
  2. McCreary v. Pennsylvania Canal Co.Supreme Court of the United States · 1891
  3. Wales v. Waterbury Mfg. Co.Court of Appeals for the Second Circuit · 1900
  4. Westinghouse v. New York Air Brake Co.Court of Appeals for the Second Circuit · 1905
  5. Briokill v. Mayor of New YorkCourt of Appeals for the Second Circuit · 1901

3Cited by3 opinions

  1. Novelty Glass Mfg. Co. v. BrookfieldCourt of Appeals for the Third Circuit · 1909
  2. Standard Brands, Inc. v. Federal Yeast Corp.District Court, D. Maryland · 1930
  3. Bush & Lane Piano Co. v. Becker Bros.Court of Appeals for the Second Circuit · 1916

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