Legal Opinion

Benbow-Brammer Mfg. Co. v. Straus

U.S. Circuit Court for the District of Southern New York

Decided March 23, 1908No. 9,630PublishedCited by 4 opinions

In Equity. Suit to restrain alleged infringement of United States letters patent, No. 535,465, dated March 12, 1895, to John Schroeder for “means for operating washing machines,” application filed October 23, 1891, and for an accounting.

1Opinion of the Court

RAY, District Judge.

Claim 1 of the patent in suit has been under consideration by the courts many times, and its validity sustained. Schroeder v. Brammer (C. C.) 98 Fed. 880; Brammer v. Schroeder, 106 Fed. 918, 46 C. C. A. 41; Benbow-Brammer Co. v. Simpson (C. C.) 132 Fed. 614; Benbow-Brammer Co. v. Heffron Tanner Co. (C. C.) 144 Fed. 429; Benbow-Brammer Co. v. Richmond Cedar Works (C. C.) 149 Fed. 430; Benbow-Brammer Co. v. Wayne Mfg. Co. (C. C.) 157 Fed. 559. However, its scope, its standing as a pioneer or as a mere improvement, is important in determining whether or not the defendant…

2Cases cited9 opinions

  1. MacHine Co. v. MurphySupreme Court of the United States · 1878
  2. Brammer v. SchroederCourt of Appeals for the Eighth Circuit · 1901
  3. Wagner Typewriter Co. v. Wyckoff, Seamans & BenedictCourt of Appeals for the Second Circuit · 1907
  4. Benbow-Brammer Mfg. Co. v. Simpson Mfg. Co.U.S. Circuit Court for the District of Eastern Wisconsin · 1904
  5. Schroeder v. BrammerU.S. Circuit Court for the Southern District of Iowa · 1900

4 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Wayne Mfg. Co. v. Benbow-Brammer Mfg. Co.Court of Appeals for the Eighth Circuit · 1909
  2. Walker v. GilesDistrict Court, N.D. New York · 1913
  3. Benbow-Brammer Mfg. Co. v. Richmond Cedar WorksCourt of Appeals for the Seventh Circuit · 1909
  4. Sharp v. BellingerU.S. Circuit Court for the District of Northern New York · 1909

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