Birmingham Cement Manufacturing Co. v. Gates Iron Works
Court of Appeals for the Fifth Circuit
Appeal from the Circuit Court of the United States for the Northern District of Alabama. This was a suit in equity by the Gates Iron Works against the Birmingham Cement Manufacturing Company and others for alleged infringement of 10 patents relating to improvements in stone breakers. There was a decree in the circuit court for complainant upon 8 of these patents, and defendants appeal.
1Opinion of the Court
PARDEE, Circuit Judge.
This is a suit commenced in the circuit court August 11,1887, for the infringement of several letters patent of the United States on certain improvements in stone-breaking machines, and is brought by the Gates Iron Works to recover the gains and profits realized by using the alleged infringing machine, as well as damages sustained by the complainant. The bill declared on 10 several patents, to wit: No. 110,397, December 20, 1870, to J. H. Rusk; No. 201,646, March 26, 1878, to C. M. Brown; No. 237,320, February 1, 1881, to G. & A. Raymond; No. 243,545, June 28, 1881, to…
2Cases cited7 opinions
- Atlantic Works v. BradySupreme Court of the United States · 1883
- Miller v. Eagle Manufacturing Co.Supreme Court of the United States · 1894
- Miller v. Brass Co.Supreme Court of the United States · 1882
- The Corn-Planter PatentSupreme Court of the United States · 1874
- Gates Iron Works v. FraserSupreme Court of the United States · 1894
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3Cited by5 opinions
- Lektophone Corp. v. Miller Bros.District Court, D. Delaware · 1930
- ADT v. Bay State Optical Co.Court of Appeals for the First Circuit · 1915
- Gates Iron Works v. Overland Gold Min. Co.Court of Appeals for the Eighth Circuit · 1906
- Radio Corp. of America v. Radio Engineering Laboratories, Inc.District Court, E.D. New York · 1932
- Traylor Engineering & Mfg. Co. v. Worthington Pump & Machinery Co.Court of Appeals for the Third Circuit · 1924