Legal Opinion
Gaskill v. Myers
Court of Appeals for the Ninth Circuit
Decided July 1, 1897No. 335PublishedCited by 6 opinions
In Error to the Circuit Court of the United States for the Northern District of 'California.
1Opinion of the Court
ROSS, Circuit Judge.
This was an action at law to recover damages for an alleged infringement of two certain letters patent issued to the defendant in error by the United States, — one, No. 11,383, which was a reissue, and the other a design patent, No. 22,911. The validity of both patents is challenged by the plaintiffs in error. In respect to a reissued patent the settled law is, as recently declared by the supreme court in the case of Topliff v. Topliff, 145 U. S. 156, 170, 12 Sup. Ct. 825, 831:
“That the power to reissue may be exercised when the patent is inoperative by reason of the fact…
2Cases cited3 opinions
- Topliff v. TopliffSupreme Court of the United States · 1892
- Hendy v. Golden State & Miners' Iron WorksSupreme Court of the United States · 1888
- Hammond v. Stockton Combined Harvester & Agricultural WorksCourt of Appeals for the Ninth Circuit · 1895
3Cited by6 opinions
- Graham v. EarlCourt of Appeals for the Ninth Circuit · 1897
- Toledo Computing Scale Co. v. Computing Scale Co.Court of Appeals for the Seventh Circuit · 1913
- Myers v. BrownCourt of Appeals for the Ninth Circuit · 1900
- Graham v. EarlCourt of Appeals for the Ninth Circuit · 1897
- American Soda-Fountain Co. v. SwietuschCourt of Appeals for the Seventh Circuit · 1898
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