Stover Mfg. Co. v. Mast, Foos & Co.
Court of Appeals for the Seventh Circuit
Appeal from the Circuit Court of the United States for the Northern District of Illinois, Northern Division. This appeal is from an interlocutory order of injunction against infringement of the first claim of letters patent No. 433,531, granted on August 5, 1890, to Samuel W. Martin for improvement in windmills. 85 Fed. 782. The claim and a reduced form of the drawing of the patent are as follows: “The combination with a windmill driving shaft, and a pinion thereon, of an…
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Appeal from the Circuit Court of the United States for the Northern District of Illinois, Northern Division. This appeal is from an interlocutory order of injunction against infringement of the first claim of letters patent No. 433,531, granted on August 5, 1890, to Samuel W. Martin for improvement in windmills. 85 Fed. 782. The claim and a reduced form of the drawing of the patent are as follows: “The combination with a windmill driving shaft, and a pinion thereon, of an internal toothed spur wheel, mounted adjacent to the said shaft and meshing with said pinion, a pitman connected with this…
1Opinion of the CourtWoods, Circuit Judge
It is objected at the threshold that this court is not at liberty on this appeal to inquire into the validity of the first claim of the Martin patent, because, before the hearing was had in the court below, the validity of that claim had been determined by the United States circuit court of appeals for the Eighth circuit in the case, which will here be called the “Dempster Case,” of Mast, Poos & Co. v. Dempster Mill Mfg. Co., 49 U. S. App. 508, 27 C. C. A. 191, and 82 Fed. 327. The court below, in obedience to the opinion of this court in Electric Mfg. Co. v. Edison Electric Light Co., 18 U.…
2Cases cited6 opinions
- Potts v. CreagerSupreme Court of the United States · 1895
- Smith v. Vulcan Iron WorksSupreme Court of the United States · 1897
- Western Electric Co. v. LaRueSupreme Court of the United States · 1891
- Electric Manuf'g Co. v. Edison Electric Light Co.Court of Appeals for the Seventh Circuit · 1894
- Mast, Foos & Co. v. Dempster Mill Manuf'g Co.Court of Appeals for the Eighth Circuit · 1897
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Ward Baking Co. v. Weber Bros.Court of Appeals for the Third Circuit · 1916
- Welsbach Light Co. v. Cosmopolitan Incandescent Light Co.Court of Appeals for the Seventh Circuit · 1900
- Stoody Co. v. Osage Metal Co.Court of Appeals for the Tenth Circuit · 1938
- Tolfree v. WetzlerDistrict Court, D. New Jersey · 1927
- Snow v. SargentU.S. Circuit Court for the District of Connecticut · 1901
4 more not listed; retrieve them via the Exa API.