Diamond Patent Co. v. S. E. Carr Co.
Court of Appeals for the Ninth Circuit
Appeal from the District Court of the United States for the Northern Division of the Eastern District of Washington; Frank H. Rudkin, Judge. Suit in equity by the Diamond Patent Company against the S. E. Carr Company. Decree for defendant, and complainant appeals. The appellant, as the assignee of letters patent No. 801,944, issued to Fred Weber, of date October 17, 1905, brought a suit against the appellee for an injunction against infringement and for an accounting.
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Appeal from the District Court of the United States for the Northern Division of the Eastern District of Washington; Frank H. Rudkin, Judge. Suit in equity by the Diamond Patent Company against the S. E. Carr Company. Decree for defendant, and complainant appeals. The appellant, as the assignee of letters patent No. 801,944, issued to Fred Weber, of date October 17, 1905, brought a suit against the appellee for an injunction against infringement and for an accounting. The appellee defended on the ground that the patent was anticipated by the prior knowledge and use of one W. G. Whitcomb in…
1Opinion of the CourtGilbert, Circuit Judge
(after stating the facts as above). The evidence shows without contradiction that the Weber showcase met with immediate success, that the demand for it grew to such an extent that Weber could not personally meet it, and that for that reason *402he transferred the patent to the appellant. Weber testified that he had no trouble in repairing any of his cases, no trouble in setting them up, and no trouble from breakage in shipping the same, and one of the officers of the appellant testified to a wide and extended sale of the Weber showcase, and the marked success of his corporation in making and…
2Cases cited22 opinions
- The Barbed Wire PatentSupreme Court of the United States · 1892
- Seymour v. OsborneSupreme Court of the United States · 1871
- Gayler v. WilderSupreme Court of the United States · 1851
- Winans v. DenmeadSupreme Court of the United States · 1854
- Tilghman v. ProctorSupreme Court of the United States · 1881
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3Cited by24 opinions
- Gillman v. SternCourt of Appeals for the Second Circuit · 1940
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- Ralph N. Brodie Co. v. Hydraulic Press Mfg. Co.Court of Appeals for the Ninth Circuit · 1945
- General Motors Corp. v. Leer Auto Supply Co., Inc.Court of Appeals for the Second Circuit · 1932
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