New Process Fermentation Co. v. Koch
U.S. Circuit Court for the District of Eastern Michigan
In Equity. This was a bill in equity for an infringement of letters patent No. 215,679, issued May 20, ’1879, to George Bartholomae as assignee of Leonard Meller, of Ludwigshafen on the Bliine, and Edmund Hoffman, of Mannheim, Germany, for an “improvement in processes for making beer.” This improvement was first patented in France, to Leo Meller & Co., November 30, 1876, and on February 28, 1877, a Belgian patent was issued to the same parties.
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In Equity. This was a bill in equity for an infringement of letters patent No. 215,679, issued May 20, ’1879, to George Bartholomae as assignee of Leonard Meller, of Ludwigshafen on the Bliine, and Edmund Hoffman, of Mannheim, Germany, for an “improvement in processes for making beer.” This improvement was first patented in France, to Leo Meller & Co., November 30, 1876, and on February 28, 1877, a Belgian patent was issued to the same parties. These two were mechanical and not process patents. In 1877, George Bariholomae, president of the plaintiff corporation, went to Europe, and saw the…
1Opinion of the CourtBrown, J.
In the view we have taken of this ease, it will not be necessary to pass upon the intrinsic validity of the plaintiff’s patent as a process patent, or to determine whether the first three of Meller & Hoffman’s claims are anticipated by the numerous English and American patents which have been put in evidence. These questions have been argued before the learned circuit judge for the Seventh circuit, and are now pending before him for decision upon a case arising in the district of Indiana.1 This ease has been argued as if it were solely a controversy between the Meller & Hoffman and the…
2Cases cited4 opinions
- Seymour v. OsborneSupreme Court of the United States · 1871
- Tilghman v. ProctorSupreme Court of the United States · 1881
- Corning v. BurdenSupreme Court of the United States · 1854
- Roberts v. RyerSupreme Court of the United States · 1875
3Cited by6 opinions
- Application of Edward Burton LegriceCourt of Customs and Patent Appeals · 1962
- Jockmus v. LevitonCourt of Appeals for the Second Circuit · 1928
- Imperial Glass Co. v. HeiseyCourt of Appeals for the Sixth Circuit · 1923
- Galland-Henning Mfg. Co. v. Dempster Brothers, Inc.District Court, E.D. Tennessee · 1970
- Britton v. White Manuf'g Co.District Court, D. Connecticut · 1894
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