Confectioners' Machinery & Manufacturing Co. v. Racine Engine & Machinery Co.
U.S. Circuit Court for the District of Eastern Wisconsin
In Equity. On final hearing. This is a final hearing in equity. The bill is based upon letters patent No. 419,668, alleges infringement of claims 1, 2, 3, and 4, and prays an injunction and an accounting. The patent has expired during the pendency of the suit, but jurisdiction is retained under the authority of Beedle v. Bennett, 122 U. S. 71, 7 Sup.
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In Equity. On final hearing. This is a final hearing in equity. The bill is based upon letters patent No. 419,668, alleges infringement of claims 1, 2, 3, and 4, and prays an injunction and an accounting. The patent has expired during the pendency of the suit, but jurisdiction is retained under the authority of Beedle v. Bennett, 122 U. S. 71, 7 Sup. Ct. 1090, 30 L. Ed. 1074. The bill also sets up a prior adjudication in the district of Massachusetts, wherein all seven claims of the patent were decreed to be valid, and wherein the question of infringement was determined, which adjudication is…
1Opinion of the CourtQuardes, District Judge
(after stating the facts as above). The defendant, having duly excepted to the order allowing the amendment of the bill of complaint, renews its contention that the legal effect of such amendment was to bring in an additional party, and that the defendant is entitled to a dismissal of the bill.
It is further argued that the suit abated when the Delaware corporation was dissolved, and that the Delaware corporation never was possessed of this cause of action, as the event has proven. This contention is, of course, predicated upon the theory that the Delaware corporation was in the first instance…
2Cases cited8 opinions
- Shields v. BarrowSupreme Court of the United States · 1855
- Tremaine v. Hitchcock & Co.Supreme Court of the United States · 1875
- Howard v. De CordovaSupreme Court of the United States · 1900
- Carroll v. GoldschmidtCourt of Appeals for the Second Circuit · 1897
- Ingersoll v. JewettU.S. Circuit Court for the District of Northern New York · 1879
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3Cited by5 opinions
- Hansberry v. LeeSupreme Court of the United States · 1940
- Carver v. KetchumIdaho Supreme Court · 1933
- Stromberg Motor Devices Co. v. Zenith Carburetor Co.District Court, N.D. Illinois · 1915
- America Land Co. v. City of KeeneCourt of Appeals for the First Circuit · 1930
- America Land Co. v. City of KeeneCourt of Appeals for the First Circuit · 1930