American Sulphite Pulp Co. v. Hinckley Fibre Co.
District Court, N.D. New York
In Equity. Suit by the American Sulphite Pulp Company against the Hinckley Fibre Company. On final hearing. Suit in equity for an injunction to restrain defendant from using certain structures (pulp-digesters) alleged to infringe United States letters patent No. 11,282, dated November 15,1892, and granted to George F. Russell, assignor to the complainant, and for an accounting.
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In Equity. Suit by the American Sulphite Pulp Company against the Hinckley Fibre Company. On final hearing. Suit in equity for an injunction to restrain defendant from using certain structures (pulp-digesters) alleged to infringe United States letters patent No. 11,282, dated November 15,1892, and granted to George F. Russell, assignor to the complainant, and for an accounting. The patent expired shortly prior to the commencement of this action, but the structures alleged to infringe were erected prior to the expiration of the patent.
1Opinion of the Court
RAY, District Judge.
In the case of American Sulphite Pulp Company v. St. Regis Paper Company (and four other cases) 217 Fed. 51, this court herewith hands down its opinion, following the Circuit Court of Appeals in this (the Second) circuit, holding the Russell patent valid and infringed and awarding an accounting. Reference is made to that opinion for a description of the patent and structure covered thereby.
This case presents the additional features: (1) That an injunction is demanded against the use of the infringing device alleged to infringe, notwithstanding the expiration of the patent…
2Cases cited17 opinions
- Root v. Railway Co.Supreme Court of the United States · 1882
- Imhaeuser v. BuerkSupreme Court of the United States · 1880
- Gill v. WellsSupreme Court of the United States · 1874
- Herman v. Youngstown Car Mfg. Co.Court of Appeals for the Sixth Circuit · 1911
- Rowell v. LindsaySupreme Court of the United States · 1885
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3Cited by2 opinions
- Munising Paper Co. v. American Sulphite Pulp Co.Court of Appeals for the Sixth Circuit · 1915
- American Sulphite Pulp Co. v. Hinckley Fibre Co.District Court, N.D. New York · 1916