Davis v. Hall Mammoth Incubator Co.
Court of Appeals for the First Circuit
Appeal from the District Court of the United States for the District of Massachusetts; Le Baron B. Colt, Judge. Suit in equity by the Hall Mammoth Incubator Company against Ralph G. Davis. Decree for complainant, and defendant appeals.
1Opinion of the Court
DODGE, Circuit Judge.
The appellee company owns United States patent- 692,277, granted February 4, 1902, to Wilbur P. Hall. The patent has only one claim, which is, “in combination with an incubator, a heater,” constructed as specified in the claim. Davis, the appellant, is charged with infringing this patent by using a heater, constructed according to the patent and bought of the appellee company, with an incubator not made or sold by that company.
The case was heard in the court below on an agreed statement of facts, which also constitutes the evidence in the record before us. The *959first fact…
2Cases cited3 opinions
- Henry v. A. B. Dick Co.Supreme Court of the United States · 1912
- Morgan Envelope Co. v. Albany Perforated Wrapping Paper Co.Supreme Court of the United States · 1894
- Roosevelt v. Western Electric Co.U.S. Circuit Court for the District of Southern New York · 1884
3Cited by3 opinions
- Popsicle Corp. v. WeissDistrict Court, S.D. New York · 1929
- Rosen v. Lawson-Hemphill, Inc.District Court, D. Rhode Island · 1975
- Nachman Spring-Filled Corp. v. Kay Mfg. Corp.Court of Appeals for the Second Circuit · 1935