Legal Opinion

Bowers v. Von Schmidt

U.S. Circuit Court for the District of Northern California

Decided July 23, 1894No. 10,244PublishedCited by 12 opinions

This was a suit by Alplionzo B. Bowers against Allexey W. Von Schmidt for infringement of two patents on dredging machines. The original application therefor was filed December 9, 1870. Several divisional applications were carved out of it, and upon two of them the patents in suit were issued.

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This was a suit by Alplionzo B. Bowers against Allexey W. Von Schmidt for infringement of two patents on dredging machines. The original application therefor was filed December 9, 1870. Several divisional applications were carved out of it, and upon two of them the patents in suit were issued. While these applications were pending the defendant built and put into use the infringing machine, and at the same time made application for patents for his specific devices, and obtained such patents prior to' the issuance of complainant’s patents; the same being numbered 277,177, 300,-333, and…

1Opinion of the CourtMcKEVVA, Circuit Judge

(orally). This is an action for the infringement of certain claims of two patents issued to plaintiff. The first is numbered 318,859, and dated May 26, 1885, and the second numbered 355,251, and dated December 28, 3886. There is no claim which contains all of what plaintiff claims to be his invention. Its elements are variously combined in 103 claims. Of these, infringement is alleged of Nos. 10, 16, 25, 26, 33, 53, 54, 59, and 75 of patent Vo. 318,859 (Exhibit A), and of 13, 14, 17, 18, and 22 of patent No. 355,251 (Exhibit B). In the first patent the machine is called a “dredging machine';”…

2Cases cited14 opinions

  1. Loom Co. v. HigginsSupreme Court of the United States · 1882
  2. Miller v. Eagle Manufacturing Co.Supreme Court of the United States · 1894
  3. Reckendorfer v. FaberSupreme Court of the United States · 1876
  4. Hailes v. Van WormerSupreme Court of the United States · 1874
  5. Manhattan Life Insurance v. BroughtonSupreme Court of the United States · 1883

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

3Cited by12 opinions

  1. In re BooneU.S. Circuit Court for the District of Northern California · 1897
  2. Krell Auto Grand Piano Co. v. Story & Clark Co.Court of Appeals for the Seventh Circuit · 1913
  3. Bowers v. San Francisco Bridge Co.U.S. Circuit Court for the District of Northern California · 1898
  4. Bowers Dredging Co. v. New York Dredging Co.U.S. Circuit Court for the District of Washington · 1896
  5. Bowers v. San Francisco Bridge Co.U.S. Circuit Court for the District of Northern California · 1895

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

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