Fry v. Rookwood Pottery Co.
U.S. Circuit Court for the District of Southern Ohio
This is a bill in equity, filed by Laura A. Fry against the Rookwood Pottery Company and William W. Taylor to restrain the defendants from an infringement of a patent for an improvement in the art of decorating pottery ware. The defendants first filed a plea that they were acting under a license from the complainant. The plea was set down for argument, and then an amended plea was filed, the sufficiency of which was sustained by the court.
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This is a bill in equity, filed by Laura A. Fry against the Rookwood Pottery Company and William W. Taylor to restrain the defendants from an infringement of a patent for an improvement in the art of decorating pottery ware. The defendants first filed a plea that they were acting under a license from the complainant. The plea was set down for argument, and then an amended plea was filed, the sufficiency of which was sustained by the court. Subsequently the defendants, by leave of court, withdrew their amended plea, and filed an answer, in which, admitting- the issue of the patent, they denied…
1Opinion of the CourtTaft, Circuit Judge
(after stating the facts as above). It is contended first that the plea by the defendants of license estops them from disputing the validity of the invention. However this might be were there a defense or plea of license before the court, the suggestion loses all its weight in view of the fact that the defendants did not stand upon their plea, but withdrew the same by leave of court, and filed an answer in which a license is not pleaded. It is conceded that the defendants only infringe the first claim of the patent, covering the application of color to the play in its green state, before it…
2Cases cited7 opinions
- Solomons v. United StatesSupreme Court of the United States · 1890
- McCLURG v. KINGSLANDSupreme Court of the United States · 1843
- Lane & Bodley Co. v. LockeSupreme Court of the United States · 1893
- Frederick R. Stearns & Co. v. RussellCourt of Appeals for the Sixth Circuit · 1898
- McAleer v. United StatesSupreme Court of the United States · 1893
2 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Fry v. Rookwood PotteryCourt of Appeals for the Sixth Circuit · 1900
- Lionne Co. v. Cushiwan-Hollis Co.District Court, D. Maine · 1924
- Paine & Williams Co. v. Trump Products Co.District Court, N.D. Ohio · 1935
- Westcott Hosiery Mills v. Rich's, Inc.District Court, N.D. Georgia · 1932