Legal Opinion

Draper v. Wattles

U.S. Circuit Court for the District of Massachusetts

Decided February 21, 1879PublishedCited by 2 opinions

This was a suit in equity by George Draper and others against Joseph W. Wattles for alleged infringement of three patents. The cause was heard upon a question as to the allowance of costs.

1Opinion of the Court

LOWELL, Circuit Judge.

The bill of complaint was brought upon three patents, and in the opinion of the court two of them were valid and had been infringed, and as to the third the finding was that the infringements had not been fully made out by a preponderance of the evidence. Under these circumstances the respondent contends that the costs should be apportioned in some equitable mode, and the complainants maintain that they should have full costs.

The court, undoubtedly, has control over the subject of costs, excepting when the case comes within section 4922, Rev. St., which provides that, if…

2Cited by2 opinions

  1. Suddard v. American Motor Co.U.S. Circuit Court for the District of Massachusetts · 1908
  2. Draper Co. v. American Loom Co.U.S. Circuit Court for the District of Massachusetts · 1909

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