Wright v. Wisconsin Lime & Cement Co.
Court of Appeals for the Seventh Circuit
Appeal from tire District Court of the United States for'the Eastern Division of the Northern District of Illinois. Suit in equity by Stephen G. Wright against the Wisconsin Lime & Cement Company and others. Decree for defendants; and complainant appeals. The bill, which is in the usual form, charges infringement of Wright’s patent No. 1,022,764, for roofing material, and prays injunction against further infringement.
Read the full summary
Appeal from tire District Court of the United States for'the Eastern Division of the Northern District of Illinois. Suit in equity by Stephen G. Wright against the Wisconsin Lime & Cement Company and others. Decree for defendants; and complainant appeals. The bill, which is in the usual form, charges infringement of Wright’s patent No. 1,022,764, for roofing material, and prays injunction against further infringement. The claims of the patent, as appears from the bill, are: “1. As a new article of manufacture, roofing composed of sheet water-proof material having its surface composed of…
1Opinion of the CourtAlschuler, Circuit Judge
(after stating the facts as above). [1] The bill aptly and broadly charges infringement by defendant of the patent therein recited, which appear on their face to be in due and regular form. The letters patent themselves reveal nothing because of which, as a matter of law, they are void; and the conclusion of invalidity must, if at all, flow from facts apart from the. letters patent. But as the dismissal was upon motion, the fácts upon which to predicate the invalidity must be such as are so widely and commonly known that courts will take judicial notice of them without proof of their…
2Cases cited6 opinions
- Hotchkiss v. GreenwoodSupreme Court of the United States · 1851
- George Frost Co. v. CohnCourt of Appeals for the Second Circuit · 1902
- Bronk v. Charles H. Scott Co.Court of Appeals for the Seventh Circuit · 1914
- Westmoreland Specialty Co. v. HoganCourt of Appeals for the Third Circuit · 1909
- Krell Auto Grand Piano Co. v. Story & Clark Co.Court of Appeals for the Seventh Circuit · 1913
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Friend v. Burnham & Morrill Co.Court of Appeals for the First Circuit · 1932
- Rubinstein v. Silex Co.District Court, S.D. New York · 1947
- De Vry Corp. v. Acme Motion Picture Projector Co.Court of Appeals for the Seventh Circuit · 1920
- Karl Kiefer Mach. Co. v. United States Bottlers Machinery Co.Court of Appeals for the Seventh Circuit · 1940
- Gatch Wire Goods Co. v. W. A. Laid-Law Wire Co.Court of Appeals for the Seventh Circuit · 1939