Racine Engine & Machinery Co. v. Confectioners' Machinery & Mfg. Co.
Court of Appeals for the Seventh Circuit
• Appeal from the District Court of tire United States for the Eastern District of Wisconsin; Ferdinand A. Geiger, Judge. Suit in equity by the Confectioners’ Machinery & Manufacturing Company against the Racine Engine & Machinery Company. From final decree, defendant appeals.
Read the full summary
• Appeal from the District Court of tire United States for the Eastern District of Wisconsin; Ferdinand A. Geiger, Judge. Suit in equity by the Confectioners’ Machinery & Manufacturing Company against the Racine Engine & Machinery Company. From final decree, defendant appeals. The amended bill of complaint, filed January 18,. 1908, charges appellant with infringement of patent to Clacher, No. 449,688, April 7, 1891, for improvement in separating and filling machines for confectioners’ use, and asks for an injunction and accounting for damages and profits. It is charged that on April 3, 1903,…
1Opinion of the CourtArschuerr, Circuit Judge
(after stating the facts as above). [1] But for the Act of Congress of March 3, 1891, c. 517, 26 Stat. 828, creating the Court of Appeals, and section 7 of said act (Comp. St. 1913, § 1121), giving right of appeal from an interlocutory decree granting an injunction—
“an order or decree in a patent cause, whether upon preliminary application or upon final hearing, granting an injunction and referring the cause to a master for an account of profits and damages, was interlocutory only, and not final, and therefore not reviewable on appeal before the final decree in the cause.” Smith v. Vulcan…
2Cases cited3 opinions
- Westinghouse Electric & Manufacturing Co. v. Wagner Electric & Manufacturing Co.Supreme Court of the United States · 1912
- Smith v. Vulcan Iron WorksSupreme Court of the United States · 1897
- Orr & Lockett Hardware Co. v. MurrayCourt of Appeals for the Seventh Circuit · 1908
3Cited by16 opinions
- West Texas Refining & D. Co. v. Commissioner of Int. Rev.Court of Appeals for the Tenth Circuit · 1933
- John Zwack, Bela Zwack and Dora Zwack, as Co-Partners Doing Business as J. Zwack & Company v. Kraus Bros. & Co., Inc.Court of Appeals for the Second Circuit · 1956
- Flat Slab Patents Co. v. TurnerCourt of Appeals for the Eighth Circuit · 1922
- Devex Corporation v. Houdaille Industries, Inc.Court of Appeals for the Seventh Circuit · 1967
- Stromberg Motor Devices Co. v. Zenith-Detroit Corp.Court of Appeals for the Second Circuit · 1934
11 more not listed; retrieve them via the Exa API.