Victor Talking Mach. Co. v. Fair
Court of Appeals for the Seventh Circuit
Appeal from the Circuit Court of the United States for the Northern Division of the Northern District of Illinois. Appellants’ bill alleges that they own all legal and equitable rights under letters patent No. 534,543, issued February 19, 1895, on the application of Emile Berlinger, and that appellee without license sold, and after notice to desist threatens to continue to sell, devices that embody the invention described and claimed in the patent.
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Appeal from the Circuit Court of the United States for the Northern Division of the Northern District of Illinois. Appellants’ bill alleges that they own all legal and equitable rights under letters patent No. 534,543, issued February 19, 1895, on the application of Emile Berlinger, and that appellee without license sold, and after notice to desist threatens to continue to sell, devices that embody the invention described and claimed in the patent. After other averments usual in the ordinary bill for infringement appears a prayer for decree for a preliminary and a perpetual injunction and an…
1Opinion of the CourtBaker, Circuit Judge
(after stating the facts as above), i. Concerning jurisdiction: When a contract is made respecting a right under a patent, and the parties get into litigation, confusion has sometimes arisen over the question whether the cause of action originatesjn the contract or in the patent laws. The test is this: If the plaintiff is seeking a judgment for debt or damages, or a decree for cancellation or specific performance, on account of the defendant’s breach of his covenants, the cause of action arises out of the contract; and, though the determination of the issue of breach or no breach may involve…
2Cases cited12 opinions
- Bement v. National Harrow Co.Supreme Court of the United States · 1902
- Littlefield v. PerrySupreme Court of the United States · 1875
- James G. Wilson v. George A. Sanford and Robert G. MusgroveSupreme Court of the United States · 1851
- Excelsior Wooden Pipe Co. v. Pacific Bridge Co.Supreme Court of the United States · 1902
- Heaton-Peninsular Button-Fastener Co. v. Eureka Specialty Co.Court of Appeals for the Sixth Circuit · 1896
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3Cited by44 opinions
- Luckett v. Delpark, Inc.Supreme Court of the United States · 1926
- John D. Park & Sons Co. v. HartmanCourt of Appeals for the Sixth Circuit · 1907
- American Lecithin Co. v. Warfield Co.Court of Appeals for the Seventh Circuit · 1939
- Rubber Tire Wheel Co. v. Milwaukee Rubber Works Co.Court of Appeals for the Seventh Circuit · 1907
- Indiana Mfg. Co. v. J. I. Case Threshing Mach. Co.Court of Appeals for the Seventh Circuit · 1907
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