McClain v. Ortmayer
Supreme Court of the United States
APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE NORTHERN DISTRICT OF ILLINOIS. The court stated the case as follows: This was a bill in equity for the infringement of two letters patent granted to appellant McClain; viz. patent No. 259,700, issued June 20, 1882, for a “pad for horse-collars,” and patent No. 267,011, issued November 7, 1882, for an improvement upon the same.
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APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE NORTHERN DISTRICT OF ILLINOIS. The court stated the case as follows: This was a bill in equity for the infringement of two letters patent granted to appellant McClain; viz. patent No. 259,700, issued June 20, 1882, for a “pad for horse-collars,” and patent No. 267,011, issued November 7, 1882, for an improvement upon the same. Another patent, numbered 298,626, issued May 13, 1884, to J. Scherling for a “pad fastening,” and assigned to the appellant, was originally included in the suit, but was abandoned upon the argument in this…
1Opinion of the Court
Mr. Justice Brown,
after stating the ease, delivered the opinion of the court.(1) The defence to the first patent was rested principally upon the question of the infringement. Defendants in thei.r answer admitted that they had, as a corporation and individually, manufactured and sold sweat pads for horse-collars under letters patent issued to defendant Ortmayer; “ that is to say, sweat pads adapted to be fastened or secured to the collar by a simple hook made of wire, arranged to clasp the front roll of the collar, but not in any way having or employing the pretended inventions and…
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