Krell Auto Grand Piano Co. v. Story & Clark Co.
Court of Appeals for the Seventh Circuit
Appeal from the District Court of the United States for the District of Indiana; Albert B. Anderson, Judge. Suit in equity by the Krell Auto Grand Piano Company of America against the Story & Clark Company and Harold J. Morris, agent. Decree for defendants, and complainant appeals.
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Appeal from the District Court of the United States for the District of Indiana; Albert B. Anderson, Judge. Suit in equity by the Krell Auto Grand Piano Company of America against the Story & Clark Company and Harold J. Morris, agent. Decree for defendants, and complainant appeals. Appellant filed its bill, in the usual form, to hold appellees as infringers of the Welin patent, No. 825,784, issued July 10, 1906, on application filed July 20, 1904, for an “automatic playing attachment for musical instruments.” Appellees demurred on the grounds (1) that no patentable novelty is disclosed in the…
1Opinion of the CourtBaker, Circuit Judge
(after stating the facts as above). [1] I. Is the exhibited patent inevitably void by reason of facts within judicial notice ?
In Lange v. McGuin, 177 Fed. 219, 101 C. C. A. 389, this court said:
“Tlie office of a general demurrer to a bill is to test the legal sufficiency of the averments to state a good cause of action in equity. Of course, a demurrer may be addressed to a bill for infringement of a patent as well as to any other bill. And, though the bill be in due form and complete in all its parts, yet, if tbe exhibited patent be inevitably void either on its face or by reason of matters…
2Cases cited56 opinions
- Loom Co. v. HigginsSupreme Court of the United States · 1882
- Brown v. PiperSupreme Court of the United States · 1875
- Reckendorfer v. FaberSupreme Court of the United States · 1876
- Morgan Envelope Co. v. Albany Perforated Wrapping Paper Co.Supreme Court of the United States · 1894
- Risdon Iron & Locomotive Works v. MedartSupreme Court of the United States · 1895
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3Cited by19 opinions
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- Bronk v. Charles H. Scott Co.Court of Appeals for the Seventh Circuit · 1914
- Detroit Motor Appliance Co. v. BurkeDistrict Court, D. Minnesota · 1925
- Independent Oil Well Cementing Co. v. HalliburtonCourt of Appeals for the Tenth Circuit · 1932
- Gas Machinery Co. v. United Gas Improvement Co.Court of Appeals for the Sixth Circuit · 1915
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