Legal Opinion
Kestner Evaporator Co. v. American Evaporator Co.
U.S. Circuit Court for the District of Eastern Pennsylvania
Decided December 1, 1910No. 421PublishedCited by 2 opinions
In Equity. Suit by the Kestner Evaporator Company against the American Evaporator Company.
1Opinion of the Court
HOEEAND, District Judge.
This is a suit for an injunction and account for an alleged infringement of patent No. 548,986, granted October 29, 1895, to Peter Cooper Hewitt, for a new and improved evaporator, which patent was assigned by the patentee to the complainant company.
The answer denies infringement, and avers that the patent does not describe any subject-matter that is legally patentable under the statutes, and that the alleged improvements were old and well known prior to the date of the alleged invention. There are other defenses set forth in the answer, and a demurrer to the…
2Cases cited5 opinions
- Morgan Envelope Co. v. Albany Perforated Wrapping Paper Co.Supreme Court of the United States · 1894
- Westinghouse Electric & Mfg. Co. v. Toledo, P. C. & L. Ry. Co.Court of Appeals for the Sixth Circuit · 1909
- National Malleable Castings Co. v. Buckeye, Malleable Iron & Coupler Co.Court of Appeals for the Sixth Circuit · 1909
- Bradford v. Belknap Motor Co.Court of Appeals for the First Circuit · 1902
- New York Asbestos Mfg. Co. v. Ambler Asbestos Air-Cell Covering Co.Court of Appeals for the Third Circuit · 1901
3Cited by2 opinions
- Wire Tie MacH. Co. v. Pacific Box CorporationCourt of Appeals for the Ninth Circuit · 1939
- Cocks v. Rip Van Winkle Wall Bed Co.Court of Appeals for the Ninth Circuit · 1928