Mergenthaler Linotype Co. v. International Typesetting Mach. Co.
District Court, S.D. New York
In Equity. Suits by the Mergenthaler linotype Company against the International Typesetting Machine Company. Decree for complainant in first case, and in part in second case. There are enumerated in the pleadings as the subject'of suit 28 patents, but only those hereinafter specifically considered were finally put in issue.
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In Equity. Suits by the Mergenthaler linotype Company against the International Typesetting Machine Company. Decree for complainant in first case, and in part in second case. There are enumerated in the pleadings as the subject'of suit 28 patents, but only those hereinafter specifically considered were finally put in issue. Either by reference in the bills of complaint or by notice of particulars, complainant specified before trial the several claims of the patents relied upon and said to be infringed. At or immediately before hearing, many of these claims were withdrawn from the…
1Opinion of the Court
HOUGH, District Judge.
There having been no formal discontinuance of these actions, either in respect of the patents as to which suit was practically abandoned, or as to the claims originally relied upon and then withdrawn, the defendant is entitled to a decree dismissing the bill as to said patents and said claims. Such dismissal will not be without prejudice, but will be general.
Complainant has for many years developed, improved, manufactured, and sold what are generically known as “Finotype Machines,” originally constructed under the well-known Mergenthaler patents. It was so often said in…
2Cases cited15 opinions
- Winans v. DenmeadSupreme Court of the United States · 1854
- White v. DunbarSupreme Court of the United States · 1886
- Ottumwa Box Car Loader Co. v. Christy Box Car Loader Co.Court of Appeals for the Eighth Circuit · 1914
- Sundh Electric Co. v. Interborough Rapid Transit Co.Court of Appeals for the Second Circuit · 1912
- Babcock & Wilcox Co. v. Toledo Boiler Works Co.Court of Appeals for the Sixth Circuit · 1909
10 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Leader Plow Co. v. Bridgewater Plow Co.Court of Appeals for the Fourth Circuit · 1916
- Willard v. Union Tool Co.Court of Appeals for the Ninth Circuit · 1918
- Davis-Bournonville Co. v. Alexander Milburn Co.Court of Appeals for the Second Circuit · 1924
- Ellis v. StateTennessee Supreme Court · 1966
- National Cash Register Co. v. Remington Arms Co.District Court, D. Delaware · 1922
4 more not listed; retrieve them via the Exa API.