Robinson v. American Car & Foundry Co.
Court of Appeals for the Seventh Circuit
In Error to the Circuit Court of the United States for the Eastern Division of the Northern District of Illinois. Plaintiff in error, plaintiff below, filed his declaration for damages for infringement of letters patent No. 594,28(5, issued to plaintiff on November 23, 1897, for an improvement in casting composite and other wheels.
Read the full summary
In Error to the Circuit Court of the United States for the Eastern Division of the Northern District of Illinois. Plaintiff in error, plaintiff below, filed his declaration for damages for infringement of letters patent No. 594,28(5, issued to plaintiff on November 23, 1897, for an improvement in casting composite and other wheels. Defendant pleaded that the matters alleged in the declaration had been adjudicated as follows, namely: That on January 27, 1903, plaintiff filed a bill of complaint in the Circuit Court of the United States for the Northern District of Illinois, charging defendant…
1Opinion of the CourtBaker, Circuit Judge
No matter what evidence was accessible to the court, the only proposition /Submitted by defendant’s motion was that the plea covered the declaration and that the replication failed to meet the plea.
The plea shows that plaintiff’s former suit was dismissed for want of equity. But the setting forth of such a decree was not all that a sufficient plea required. For the want of equity may have come from a finding that the patent was void, or from a finding that the patent was valid, but not infringed, or from findings of both invalidity and noninfringement. An adjudication that the patent was void…
2Cited by3 opinions
- Auto Acetylene Light Co. v. Prest-O-Lite Co.Court of Appeals for the Sixth Circuit · 1920
- Kulesza v. BlairCourt of Appeals for the Seventh Circuit · 1934
- Robinson v. American Car & Foundry Co.Court of Appeals for the Seventh Circuit · 1907