Orr & Lockett Hardware Co. v. Murray
Court of Appeals for the Seventh Circuit
Appeal from the Circuit Court of the United States for the Eastern Division of the Northern District of Illinois. ' These cases relate to letters patent No. 442,531, issued to Edward M. Murray, December 9th, 1890, for improvement in store service ladder; and involve the question what rule of profits and damages shall govern the accounting between the parties.
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Appeal from the Circuit Court of the United States for the Eastern Division of the Northern District of Illinois. ' These cases relate to letters patent No. 442,531, issued to Edward M. Murray, December 9th, 1890, for improvement in store service ladder; and involve the question what rule of profits and damages shall govern the accounting between the parties. In the original case between these parties, the court sustained the validity of the Murray patent; found that the Orr & Lockett Hardware Company was infringing the same; and directed the entry of a decree for an injunction and an…
1Opinion of the CourtGrosscup, Circuit Judge
(after stating the facts as above). Two rules governing the question of profits, as between patentee and infringer, are laid down by the Supreme Court. The first of these rules (Elizabeth v. Nicholson Pavement Company, 97 U. S. 126, 24 L. Ed. 1000) is as follows: Where profits are made by an infringer, by the use of an article patented as an entirety, the infringer is responsible to the patentee for the whole of such profits, unless he can show —and the burden is on the infringer to show it — that a portion of such profits is the result of some other thing used by him.
And the second rule…
2Cases cited2 opinions
- Elizabeth v. Pavement Co.Supreme Court of the United States · 1878
- Garretson v. ClarkSupreme Court of the United States · 1884
3Cited by11 opinions
- Oehring v. Fox Typewriter Co.Court of Appeals for the Second Circuit · 1918
- National Rejectors, Inc. v. A. B. T. Mfg. Corp. (Two Cases)Court of Appeals for the Seventh Circuit · 1951
- Racine Engine & Machinery Co. v. Confectioners' Machinery & Mfg. Co.Court of Appeals for the Seventh Circuit · 1916
- Ruth v. Stearns-Roger Mfg. Co.District Court, D. Colorado · 1935
- Dunn Mfg. Co. v. Standard Computing Scale Co.Court of Appeals for the Sixth Circuit · 1913
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