Legal Opinion

H. D. Smith & Co. v. Peck, Stow & Wilcox Co.

District Court, D. Connecticut

Decided April 26, 1919No. 1482Published

In Equity. Suit by H. D. Smith & Co. against the Peck, Stow & Wilcox Company. Decree for complainants.

1Opinion of the Court

THOMAS, District Judge.

This is the usual suit in equity, at final hearing on pleadings and proofs, based on the alleged infringement of letters patent No. 737,179, of August 25, 1903, for a screw driver, and on patent No. 37,214, granted November 8, 1904, for a design for a screw driver both issued to the plaintiff, as assignee of William S. Ward.

[1] Both patents are properly joined in the same suit. Eclipse Machine Co. et al. v. Harley-Davidson Motor Co. (D. C.) 244 Fed. 463; Crystal Percolator Co. v. Danders, Frary & Clark, 258 Fed. 28.

The mechanical patent in suit, which will be discussed…

2Cases cited11 opinions

  1. The Barbed Wire PatentSupreme Court of the United States · 1892
  2. Coffin v. OgdenSupreme Court of the United States · 1874
  3. Strause Gas Iron Co. v. William M. Crane Co.Court of Appeals for the Second Circuit · 1916
  4. Ashley v. Weeks-Numan Co.Court of Appeals for the Second Circuit · 1915
  5. Steffens v. SteinerCourt of Appeals for the Second Circuit · 1916

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