Buerk v. Imhaeuser
U.S. Circuit Court for the District of Southern New York
[Ill equity. Suit by Jacob E. Buerk agaiust William Imhaeuser, Theodore Kahn, and Charles Keinath for infringement of letters patent No. 48,04S, for an “improvement in watchman’s time detectors,” issued to complainant, ns assignee of John Buerk, January 1, 3861, reissued August 22, 1865, and again reissued March 8, 1S70, and numbered 3,869. There was a decree for an injunction, and an accounting.
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[Ill equity. Suit by Jacob E. Buerk agaiust William Imhaeuser, Theodore Kahn, and Charles Keinath for infringement of letters patent No. 48,04S, for an “improvement in watchman’s time detectors,” issued to complainant, ns assignee of John Buerk, January 1, 3861, reissued August 22, 1865, and again reissued March 8, 1S70, and numbered 3,869. There was a decree for an injunction, and an accounting. Case No. 2,106. [For hearing upon exceptions to the master’s report on the accounting, see Case No. 2,107; and, for denial of defendant’s motion for a new trial, see Id. 2,107a.]
1Opinion of the Court
JOHNSON, Circuit Judge.
The watchman’s time detector bought by Gould in May, 1875, from Imhaeuser & Co., was not the same kind of instrument which was adjudged in this suit to be an infringement of the plaintiff’s patent. It was made under the sanction of letters patent of the United States dated October 20, 1S74, and numbered 156,098. It must be presumed to be patent-ably different from the detectors covered by other patents, and a strong and obvious case of infringement beyond all question, or mere colorable difference would be necessary to make it proper for the court to consider the…
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- Aro Manufacturing Co. v. Convertible Top Replacement Co.Supreme Court of the United States · 1964