Standard Cartridge Co. v. Peters Cartridge Co.
Court of Appeals for the Sixth Circuit
Appeal from the Circuit Court of the United States for the Western Division of the Southern District of Ohio. This is a bill in equity, filed under section 4915, Rev. St. U. S. It involves a question of priority of invention bet ween Charles S. Hisey, who has assigned his invention to the complainant the Standard Cartridge Company, and George Ligowsky, who has assigned the same invention to the Peters Cartridge Company.
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Appeal from the Circuit Court of the United States for the Western Division of the Southern District of Ohio. This is a bill in equity, filed under section 4915, Rev. St. U. S. It involves a question of priority of invention bet ween Charles S. Hisey, who has assigned his invention to the complainant the Standard Cartridge Company, and George Ligowsky, who has assigned the same invention to the Peters Cartridge Company. Hisey first constructed an organized machine, embodying the invention now in controversy, and first filed an application for a patent thereon. Before file patent office had…
1Opinion of the Court
LURTON, Circuit Judge:
Having made the foregoing statement of facts, the opinion of the court was delivered by
Though the issue is one of priority of invention between Charles S. Hisey and George Ligowsky, its solution under this proceeding does not depend upon the mere preponderance of evidence. That department of government charged with the duty of originally hearing and determining questions of priority arising under conflicting applications of inventors has, upon evidence and full consideration, determined the controversy between those parties against the contention of the present…
2Cases cited6 opinions
- Loom Co. v. HigginsSupreme Court of the United States · 1882
- Morgan v. DanielsSupreme Court of the United States · 1894
- Philadelphia & Trenton Railroad v. StimpsonSupreme Court of the United States · 1840
- Agawam Co. v. JordanSupreme Court of the United States · 1869
- Christie v. SeyboldCourt of Appeals for the Sixth Circuit · 1893
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- Curtiss Aeroplane & Motor Corp. v. JaninCourt of Appeals for the Second Circuit · 1921
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