Central California Canneries Co. v. Dunkley Co.
Court of Appeals for the Ninth Circuit
Appeals from the District Court of the United States for the Second Division of the Southern Division of the Northern District of California; Wm. C. Van Fleet, Judge. Consolidated suits in equity by the Dunkley Company against the Central California Canneries Company, the Griffin & Skelley Company, the J. C. Ainsley Packing Company, the Anderson-Barngrover Manufacturing Company, J. F. Pyle & Son, Incorporated, the Hunt Bros.
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Appeals from the District Court of the United States for the Second Division of the Southern Division of the Northern District of California; Wm. C. Van Fleet, Judge. Consolidated suits in equity by the Dunkley Company against the Central California Canneries Company, the Griffin & Skelley Company, the J. C. Ainsley Packing Company, the Anderson-Barngrover Manufacturing Company, J. F. Pyle & Son, Incorporated, the Hunt Bros. Company, and the Sunlit Fruit Company, a corporation. Decrees for complainant, and defendants appeal. Suits for injunction restraining the infringement of plaintiff’s…
1Opinion of the CourtMorrow, Circuit Judge
(after stating the facts as above). [1] The question of infringement is not important in the consideration of this case. The main issue is the validity of the plaintiff’s patent; that validity depending upon the priority of conception and use of the device, both questions of fact. The defendants set up three anticipating devices, the Beekhuis, the Vernon, and the Grier.
Beekhuis made application for a patent for an “apparatus for removing the skin, from fruit” on May 25, 1904, and patent thereon was granted September 3, 1907. The plaintiff Dunkley applied for a patent for a “machine for…
2Cases cited3 opinions
- The Barbed Wire PatentSupreme Court of the United States · 1892
- Davis v. SchwartzSupreme Court of the United States · 1895
- Adamson v. GillilandSupreme Court of the United States · 1917
3Cited by11 opinions
- Uihlein v. General Electric Co.Court of Appeals for the Seventh Circuit · 1931
- Reinharts, Inc. v. Caterpillar Tractor Co.Court of Appeals for the Ninth Circuit · 1936
- Dunkley Co. v. Central California CanneriesCourt of Appeals for the Ninth Circuit · 1925
- C. S. Johnson Company, a Corporation v. Merle W. Stromberg, Doing Business as California Batching Equipment Co.Court of Appeals for the Ninth Circuit · 1957
- San Francisco & P. S. S. Co. v. Leggett S. S. Co.Court of Appeals for the Ninth Circuit · 1918
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