Dederick v. Whitman Agricultural Co.
U.S. Circuit Court for the District of Eastern Missouri
In Equity. Suit for infringement of the first claim of letters patent No. 126,394 for an improvement in baling-presses, and th.G first claim of letters patent No. 199,052 for an improvement in portable hay and cotton presses. The complainant sues as assignee. The only evidence offered of the execution of an assignment to him is a certified copy of an unacknowledged instrument on record in the patent office, which purports to be a duly executed assignment.
Read the full summary
In Equity. Suit for infringement of the first claim of letters patent No. 126,394 for an improvement in baling-presses, and th.G first claim of letters patent No. 199,052 for an improvement in portable hay and cotton presses. The complainant sues as assignee. The only evidence offered of the execution of an assignment to him is a certified copy of an unacknowledged instrument on record in the patent office, which purports to be a duly executed assignment. The admission of the copy was objected to by the defendant. The first claim of letters patent No. 126,394 is as follows : “ (1) The…
1Opinion of the CourtTbeat, J.
This suit is brought upon the first claims respectively of letters patent No. 126,394 and letters patent No. 199,052, for alleged infringements thereof by the defendant. Objection has been *764interposed by the defendant as to the proofs of assignments of said patents to the complainant. The court holds that the proofs of said assignments respectively are complete in the absence of countervailing testimony.
As to the first claim of patent No. 126,394, the court decides that the same is for the combination therein named, involving as essential thereto the peculiar construction of the press-box.…
2Cited by4 opinions
- Mayor of New York v. American Cable Ry. Co.Court of Appeals for the Second Circuit · 1894
- Standard Elevator Co. v. Crane Elevator Co.Court of Appeals for the Seventh Circuit · 1896
- Eastern Dynamite Co. v. Keystone Powder Mfg. Co.U.S. Circuit Court for the District of Middle Pennsylvania · 1908
- National Paint Removing Co. of Washington v. CochranDistrict Court, W.D. Washington · 1923