Legal Opinion

Underwood v. Gerber

U.S. Circuit Court for the District of Eastern New York

Decided February 13, 1889PublishedCited by 3 opinions

In Equity. ' Suit- by John T. Underwood and Frederick W. Underwood against Henry Gerber and Anton Andreas to restrain the infringement of a patent. cited, to the point decided in opinion: Manufacturing Co. v. Railroad Co., 22 Fed. Rep. 655; McMillan v. Rees, 1 Fed. Rep. 722. cited, to same point: Mahn v. Harwood, 112 U. S. 354, 5 Sup. Ct. Rep. 174; Lock Co. v. Mosler, 127 U. S. 354, 8 Sup. Ct.

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In Equity. ' Suit- by John T. Underwood and Frederick W. Underwood against Henry Gerber and Anton Andreas to restrain the infringement of a patent. cited, to the point decided in opinion: Manufacturing Co. v. Railroad Co., 22 Fed. Rep. 655; McMillan v. Rees, 1 Fed. Rep. 722. cited, to same point: Mahn v. Harwood, 112 U. S. 354, 5 Sup. Ct. Rep. 174; Lock Co. v. Mosler, 127 U. S. 354, 8 Sup. Ct. Rep. 1148; Suffolk v. Hayden, 3 Wall. 315; Morris v. Huntington, 1 Paine, 348; Mathews v. Flowler, 25 Fed. Rep. 830.

1Opinion of the CourtLacombe, J.

This is a suit brought to restrain the defendants from infringing letters patent 348,073, granted to the complainants August 24, 1886, for “an improved reproducing surface for type-writing and manifolding.” The circumstances of the case are peculiar, and present what seems to be a novel question. On March 22, 1886, the complainants filed their application, (known as “Serial Number 196,200.”) The patent issued thereon, and now sued on, sets forth that the invention relates to an improved reproducing surface adapted to be employed for obtaining copies of type-writing, or other printed or…

2Cited by3 opinions

  1. In Re ChristmannCourt of Customs and Patent Appeals · 1942
  2. Universal Winding Co. v. Willimantic Linen Co.U.S. Circuit Court for the District of Connecticut · 1897
  3. Bowman v. De GrauwU.S. Circuit Court for the District of Southern New York · 1894

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