Legal Opinion

Daimler Mfg. Co. v. Conklin

U.S. Circuit Court for the District of Southern New York

Decided June 15, 1906PublishedCited by 4 opinions

In Equity. On demurrer to bill.

1Opinion of the Court

HAZEE, District Judge.

The bill charges infringement of four United States letters patent of which complainant corporation is the owner. The defendant has demurred thereto on the grounds that the bill is multifarious, in that it contains no allegation that the patents are capable of conjoint use, or are conjointly used or infringed by defendant, and that there is an improper joinder of parties complainant. The allegations of the bill that "the inventions aforementioned, and each and all of them, are applied to a machine,” etc., and that the defendant imported and now uses a Mercedes machine,…

2Cases cited3 opinions

  1. Birdsell v. ShaliolSupreme Court of the United States · 1884
  2. Williams v. BankheadSupreme Court of the United States · 1874
  3. Hayes v. DaytonU.S. Circuit Court for the District of Southern New York · 1880

3Cited by4 opinions

  1. Radio Corp. of America v. EmersonCourt of Appeals for the Second Circuit · 1924
  2. ICE CORPORATION v. Armco Steel Corp.District Court, S.D. New York · 1961
  3. P. R. Mallory & Co. v. Automotive Mfrs' Outlet, Inc.District Court, S.D. New York · 1930
  4. Kaiser v. BortelU.S. Circuit Court for the District of Northern New York · 1908

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