Legal Opinion

Ventilated Cushion & Spring Co. v. D'Arcy

Court of Appeals for the Sixth Circuit

Decided December 7, 1915No. 2627PublishedCited by 3 opinions

Appeal from the District Court of the United States for the Western District of Michigan; Clarence W. Sessions, Judge. Suit in equity by the Ventilated Cushion & Spring Company against Frank P. D’Arcy. Decree for defendant, and complainant appeals.

1Opinion of the Court

WARRINGTON, Circuit Judge.

This is an appeal from the decree in an infringement suit in which the bill was dismissed. The patent in suit, No. 840,522, was issued to E. O. Stotts January 8, 1907, and through mesne assignments the appellant ultimately (August 8, 1907) succeeded to the title. The suit was commenced June 25, 1908, and the patent and all rights under it were acquired by the Jackson Spring Cushion Company April 16, 1913, when an order was entered authorizing the Jackson Company to prosecute the suit for its use in the name o.f the plaintiff. The pleadings are in form substantially…

2Cases cited14 opinions

  1. McCarty v. Lehigh Valley RailroadSupreme Court of the United States · 1895
  2. Kokomo Fence MacHine Co. v. KitselmanSupreme Court of the United States · 1903
  3. Computing Scale Co. of America v. Automatic Scale Co.Supreme Court of the United States · 1907
  4. Royer v. CoupeSupreme Court of the United States · 1892
  5. Campbell v. American Shipbuilding Co.Court of Appeals for the Sixth Circuit · 1910

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3Cited by3 opinions

  1. Vanmanen v. LeonardCourt of Appeals for the Sixth Circuit · 1918
  2. Wise Soda Apparatus Co. v. Bishop-Babcock-Becker Co.Court of Appeals for the Sixth Circuit · 1917
  3. Elliott Mach. Co. v. P. B. Appeldoorn's Sons Co.Court of Appeals for the Sixth Circuit · 1920

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