Reeves v. Keystone Bridge Co.
U.S. Circuit Court for the District of Eastern Pennsylvania
2 [Petition for a rehearing. Bill in equity filed by [Samuel J.] Reeves in 1868 for infringement of letters patent No. 35,582. After a hearing upon pleadings and proofs, a decree for a perpetual injunction and account of profits was entered against defendants in April, 1872, and a reference was ordered. [Case No. 11,660.] No further proceedings were taken until October, 1875, when defendants filed this petition for a rehearing upon the ground of after-discovered evidence…
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2 [Petition for a rehearing. Bill in equity filed by [Samuel J.] Reeves in 1868 for infringement of letters patent No. 35,582. After a hearing upon pleadings and proofs, a decree for a perpetual injunction and account of profits was entered against defendants in April, 1872, and a reference was ordered. [Case No. 11,660.] No further proceedings were taken until October, 1875, when defendants filed this petition for a rehearing upon the ground of after-discovered evidence tending to invalidate the patent, viz: two foreign patents and a foreign printed publication earlier in date than the…
1Opinion of the Court
McKENNAN, Circuit Judge.
This is an application for a rehearing, to the end that the respondents may file an amended or supplemental answer, setting up the newly discovered matter stated in their petition. Its allowance is opposed upon three grounds: First, that the decree heretofore entered in the cause is a final adjudication of the right of the complainant to his patent, to an injunction, and to damages, and that the court cannot, therefore, grant the prayer of the petition; second, that the defendants have not exercised due diligence in discovering the new matter stated in their petition;…
2Cases cited2 opinions
- Livingston v. HubbsNew York Court of Chancery · 1817
- Wiser v. BlachlyNew York Court of Chancery · 1817
3Cited by4 opinions
- Eclipse Mach. Co. v. Harley-Davidson Motor Co.Court of Appeals for the Third Circuit · 1923
- Moneyweight Scale Co. v. Toledo Computing Scale Co.Court of Appeals for the Seventh Circuit · 1912
- Bennett v. SchooleyU.S. Circuit Court for the District of Western Pennsylvania · 1896
- Chester N. Weaver, Inc. v. American Chain Co.Court of Appeals for the Ninth Circuit · 1925