Benbow-Brammer, Mfg. Co. v. Straus
Court of Appeals for the Second Circuit
Appeal from the Circuit Court of the United States for the Southern District of New York. On appeal from a decree holding valid and infringed claim 1 of letters patent No. 535,463, granted to John Schroeder, March 12, 1895, for improvements in “means for operating washing machines.”
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Appeal from the Circuit Court of the United States for the Southern District of New York. On appeal from a decree holding valid and infringed claim 1 of letters patent No. 535,463, granted to John Schroeder, March 12, 1895, for improvements in “means for operating washing machines.” The patent has been before the courts in the following cases: Schroeder v. Brammer (C. C.) 98 Fed. 880 (Shiras, J.); Brammer v. Schroeder, 106 Fed. 918, 46 C. O. A. 41; Benbow-Brammer Co. v. Simpson Mfg. Co. (C. C.) 132 Eed. 614 (Seaman. J., on motion for injunction); Same v. Heffron-T'anner Co. (C. C.) 144 Fed.…
1Opinion of the Court
COXE, Circuit Judge.
The first assignment of error is as follows:
“The court erred in holding the letters patent in suit, No. 535,465, to be good and valid in law as respects the first claim thereof.”
We do not understand that the defendants rely with great confidence upon this assignment. However this may be we are convinced that the first claim is valid and deem it unnecessary to add to what has been said over and over again in the prior decisions. If the doctrine of stare decisis has not become obsolete in patent causes it surely should be applicable to a case where litigation has been fierce…
2Cited by7 opinions
- Wayne Mfg. Co. v. Benbow-Brammer Mfg. Co.Court of Appeals for the Eighth Circuit · 1909
- Eclipse MacH. Co. v. J. H. Specialty Mfg. Co.District Court, E.D. New York · 1933
- Walker v. GilesDistrict Court, N.D. New York · 1913
- Benbow-Brammer Mfg. Co. v. Richmond Cedar WorksCourt of Appeals for the Seventh Circuit · 1909
- McMillan v. Fischer Auto Bed & Camp Co.District Court, W.D. Washington · 1920
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