Oehring v. Fox Typewriter Co.
Court of Appeals for the Second Circuit
Appeal from the District Court of the United States for the Southern District of New York. Suit by August J. Oehring and the Pratt & Whitney Company against the Fox Typewriter Company. From a decree for complainants for part of the relief sought, defendant appeals, and complainants cross-appeal.
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Appeal from the District Court of the United States for the Southern District of New York. Suit by August J. Oehring and the Pratt & Whitney Company against the Fox Typewriter Company. From a decree for complainants for part of the relief sought, defendant appeals, and complainants cross-appeal. Appeal from final decree dated November 28, 1916, awarding to plaintiff $11,053.35 profits made by defendant by its infringement of United States letters patent No. 560,171 of May 12, 1896. The interlocutory decree held claim 1 valid. Claim 3 was included in the accounting; but, as claim 1 was…
1Opinion of the Court
MAYER, District Judge.
[1] 1. The patent in suit covering an invention of substantial merit was broadly sustained in Oehring v. Gar-dam, 202 Fed. 753, 121 C. C. A. 119. In the case at bar only two matters were introduced which had not appeared in the Gardam Case, viz.: (a) The Adt machine of 1879, and (b) the file wrapper. As tire patent in suit has expired and the patent features of the case can be of interest only to the parties, a discussion of the two new matters supra is unnecessary.
We agree with the District Court for the reasons clearly and concisely stated in the memorandum opinion…
2Cases cited18 opinions
- Tilghman v. ProctorSupreme Court of the United States · 1888
- Dowagiac Manufacturing Co. v. Minnesota Moline Plow Co.Supreme Court of the United States · 1915
- Littlefield v. PerrySupreme Court of the United States · 1875
- Garretson v. ClarkSupreme Court of the United States · 1884
- Mowry v. WhitneySupreme Court of the United States · 1871
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3Cited by18 opinions
- Computing Scale Co. v. Toledo Computing Scale Co.Court of Appeals for the Seventh Circuit · 1921
- Carter Products, Inc. v. Colgate-Palmolive CompanyDistrict Court, D. Maryland · 1963
- K. W. Ignition Co. v. Temco Electric Motor Co.Court of Appeals for the Sixth Circuit · 1922
- Stromberg Motor Devices Co. v. Zenith-Detroit Corp.Court of Appeals for the Second Circuit · 1934
- William Wrigley, Jr. Co. v. L. P. Larson, Jr. Co.District Court, N.D. Illinois · 1925
13 more not listed; retrieve them via the Exa API.