B. F. Avery & Sons v. J. I. Case Plow Works
U.S. Circuit Court for the District of Eastern Wisconsin
In Equity. Suit for infringement of letters patent No. 650,771 for a plow, granted to George C. Avery May 29, 1900. On final hearing. This is an action in equity, predicated upon alleged infringement of letters patent No. 650,771 for an improvement in the “double-moldboard” or “middleburster” plows. The bill is in the usual form.
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In Equity. Suit for infringement of letters patent No. 650,771 for a plow, granted to George C. Avery May 29, 1900. On final hearing. This is an action in equity, predicated upon alleged infringement of letters patent No. 650,771 for an improvement in the “double-moldboard” or “middleburster” plows. The bill is in the usual form. The answer denies that the patented structure discloses any patentable invention .in view of the state of the art; avers that complainants’ invention had been anticipated by United States letters patent No. 410,218, issued to Ira W. Sylvester September 3, 1889.…
1Opinion of the Court
QUARLES, District Judge.
The first proposition to be considered is the validity of the broad claims 2 to' 6 (both inclusive). It requires but a - casual inspection of the plows introduced in evidence to determine that defendant’s structure infringes each of said claims, if such claims are valid. This was freely admitted at the hearing by defendant’s counsel. To pass upon the validity of 'these claims intelligently, we must consider the prior state of the art. What is'claimed here is a combination. Each of the elements is old. The standard, share, and moldboard are as old as the plow structure.…
2Cases cited17 opinions
- McClain v. OrtmayerSupreme Court of the United States · 1891
- Miller v. Eagle Manufacturing Co.Supreme Court of the United States · 1894
- Morley Sewing MacHine Co. v. LancasterSupreme Court of the United States · 1889
- Hobbs v. BeachSupreme Court of the United States · 1901
- Knapp v. MorssSupreme Court of the United States · 1893
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3Cited by3 opinions
- S. S. Kresge Co. v. Winget Kickernick Co.Court of Appeals for the Eighth Circuit · 1938
- National Tube Co. v. MarkCourt of Appeals for the Sixth Circuit · 1914
- Clark v. George Lawrence Co.U.S. Circuit Court for the District of Oregon · 1908