Standard Scale & Foundry Co. v. McDonald
U.S. Circuit Court for the District of Western Missouri
In Equity. On demurrer to bill. This is a bill in equity to enjoin the defendants from the use of a certain patent, and for an accounting to the complainant.
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In Equity. On demurrer to bill. This is a bill in equity to enjoin the defendants from the use of a certain patent, and for an accounting to the complainant. The substance of the bill is that in 1901 one Darius M. Orcutt invented and perfected a certain new, useful, improved wagon scale, known as the “Pitless Scale,” and that he is the true, original, and first inventor of said improvements, with other' allegations that it had not heen invented or used in any foreign country or in this prior to his invention and use; that said Orcutt was employed in 1901 by the defendants to superintend the…
1Opinion of the CourtPhilips, District Judge
(after stating the facts as above). The question to be decided is, where A. claims to be the original inventor of a patentable device, for which he is entitled to a patent from the United States, and B. has wrongfully and surreptitiously, in fraud of the rights of A., obtained a patent from the government for the inven-* tion, has he a standing in a court of equity to enjoin B. from the use of the patent, and for an accounting? The only reported decisions touching directly this question are Hoeltge v. Hoeller, 2 Bond, 386, Fed. Cas. No. 6,574, and Murjahn v. Hall (C. C.) 119 Fed. 186. The…
2Cases cited5 opinions
- Gayler v. WilderSupreme Court of the United States · 1851
- Kennedy v. HazeltonSupreme Court of the United States · 1888
- Murjahn v. HallU.S. Circuit Court for the District of Southern New York · 1902
- Western Electric Co. v. Sperry Electric Co.Court of Appeals for the Seventh Circuit · 1894
- Hoeltge v. HoellerU.S. Circuit Court for the District of Southern Ohio · 1870
3Cited by5 opinions
- Becher v. Contoure Laboratories, Inc.Court of Appeals for the Second Circuit · 1928
- Republic Engineering & Manufacturing Co. v. MoskovitzMissouri Court of Appeals · 1964
- M. J. Lewis Products Co. v. LewisDistrict Court, E.D. Pennsylvania · 1931
- Richards v. MeissnerU.S. Circuit Court for the District of Western Missouri · 1906
- Becher v. Contoure Laboratories, Inc.Court of Appeals for the Second Circuit · 1928