Colman v. American Warp Drawing Mach. Co.
District Court, D. Massachusetts
In Equity. Suit by Howard D. Colman and others against the American Warp Drawing Machine Company. On motion of complainants to strike out a part of the answer pleading a counterclaim.
1Opinion of the Court
DODGE, Circuit Judge.
The bill charges the defendant corporation with infringing United States patent No. 1,115,399, issued October 27, 1914, to the plaintiff Colman, assignor to himself and two other plaintiffs. The three plaintiffs describe themselves as copartners, doing business as Barber-Colman Company.
The patent has 107 claims in all. Nineteen of them are infringed, according to the bill, which seeks an injunction and an account.
The answer, not denying the issuance of the patent sued on, does deny that Colman was first inventor of the improvements covered by it, and denies that the…
2Cases cited14 opinions
- Morgan v. DanielsSupreme Court of the United States · 1894
- Gandy v. MarbleSupreme Court of the United States · 1887
- Greenwood v. DoverCourt of Appeals for the First Circuit · 1911
- Terry Steam Turbine Co. v. B. F. Sturtevant Co.District Court, D. Massachusetts · 1913
- Appert v. Brownsville Plate Glass Co.U.S. Circuit Court for the District of Western Pennsylvania · 1904
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3Cited by5 opinions
- Krentler-Arnold Hinge Last Co. v. LemanCourt of Appeals for the First Circuit · 1926
- Becker v. General Chain Co.Court of Appeals for the First Circuit · 1921
- Clements v. KirbyCourt of Appeals for the Sixth Circuit · 1921
- Garfield v. Western Electric Co.District Court, S.D. New York · 1924
- Parker Pen Co. v. Rex Mfg. Co.District Court, D. Rhode Island · 1926