Legal Opinion

Wagner Typewriter Co. v. Wyckoff, Seamans & Benedict

Court of Appeals for the Second Circuit

Decided January 8, 1907No. 20PublishedCited by 23 opinions

Appeal from the Circuit Court of the United States for the Southern District of New York. On appeal by the complainant from a decree of the Circuit Court for the Southern District of New York in favor of the defendant in a suit for infringement of two letters patent, granted to Josiah B. Gathright for improvements in typewriting machines.

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Appeal from the Circuit Court of the United States for the Southern District of New York. On appeal by the complainant from a decree of the Circuit Court for the Southern District of New York in favor of the defendant in a suit for infringement of two letters patent, granted to Josiah B. Gathright for improvements in typewriting machines. The first of these, No. 4.36,916, was granted September 23, 1890; the application being-filed January 15,1889. The second, No. 452,268, was granted May 12, 1891; the application being filed October 17, 1890.

1Opinion of the Court

COXE, Circuit Judge.

This is an equity suit for the infringement of two letters patent, granted to Josiah B. Gathright, for improvements in type-writing machines.

First Gathright Patent.

The first of these patents, No. 436,916, relates to improvements in that class of machines which are provided with feed racks for moving a carriage to space between the letters of each line.

The specification describes the improvement as embodied in a Remington machine. The patentee says that prior to his invention, when the operator desired to do- tabulating work, it was necessary for him to advance the carriage…

2Cases cited10 opinions

  1. The Barbed Wire PatentSupreme Court of the United States · 1892
  2. MacHine Co. v. MurphySupreme Court of the United States · 1878
  3. Topliff v. TopliffSupreme Court of the United States · 1892
  4. Boyden Power-Brake Co. v. Westinghouse Westinghouse v. Boyden Power-Brake Co.Supreme Court of the United States · 1898
  5. Tilghman v. ProctorSupreme Court of the United States · 1881

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

3Cited by23 opinions

  1. Remington Cash Register Co. v. National Cash Register Co.District Court, D. Connecticut · 1925
  2. Montgomery Ward & Co. v. ClairCourt of Appeals for the Eighth Circuit · 1941
  3. WM. B. Scaife & Sons Co. v. Falls City Woolen MillsCourt of Appeals for the Sixth Circuit · 1913
  4. Hillard v. Fisher Book TypewriterCourt of Appeals for the Second Circuit · 1908
  5. Underwood Typewriter Co. v. Elliott-Fisher Co.U.S. Circuit Court for the District of Southern New York · 1907

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

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