Legal Opinion
Toledo Scale Co. v. Barnes Scale Co.
District Court, E.D. Michigan
Decided April 29, 1927No. 1132PublishedCited by 5 opinions
1Opinion of the Court
TUTTLE, District Judge.
This is a suit in equity, charging the Barnes Scale Company with infringement, of claims 1, 4, and 10 to 14, inclusive, of the Hem patent, No. 1,537,169. Application for this patent was filed August 15,1918, and the patent issued May 12, 1925. The evidence shows that the plaintiff Toledo Seale Company is one of the largest manufacturers of scales in the country. Notwithstanding this invention has been in their possession for nearly nine years, they have never marketed this type of scale, and it appears they have built only one model of this scale, and that for this…
2Cases cited5 opinions
- Pickering v. McCulloughSupreme Court of the United States · 1881
- Westinghouse Electric & Mfg. Co. v. Toledo, P. C. & L. Ry. Co.Court of Appeals for the Sixth Circuit · 1909
- Epps v. United Box Board & Paper Co.Court of Appeals for the Second Circuit · 1906
- Sandusky Foundry & Machine Co. v. De LavaudCourt of Appeals for the Sixth Circuit · 1921
- Sparks-Withington Co. v. JayCourt of Appeals for the Sixth Circuit · 1921
3Cited by5 opinions
- Reinharts, Inc. v. Caterpillar Tractor Co.Court of Appeals for the Ninth Circuit · 1936
- Gunter & Cooke, Inc. v. Southern Electric Service Co.District Court, M.D. North Carolina · 1966
- General Chemical Co. v. Selden Co.District Court, W.D. Pennsylvania · 1932
- Wayne Knitting Mills v. Russell Hosiery Mills, Inc.District Court, M.D. North Carolina · 1967
- Standard Computing Scale Co. v. Lincoln Scale Corp.District Court, W.D. Pennsylvania · 1931