Pieper v. S. S. White Dental Mfg. Co.
Court of Appeals for the Seventh Circuit
Appeal from the District Court of the United States for the Eastern Division of the Northern District of Illinois; Kenesaw M. Landis, Judge. Suit in equity by Oscar H. Pieper, Alphonse P. Pieper, and Frank Ritter, doing business as the Ritter Dental Manufacturing Company, against the Si S. White Dental Manufacturing Company. Decree for defendant,'and complainants appeal.
Read the full summary
Appeal from the District Court of the United States for the Eastern Division of the Northern District of Illinois; Kenesaw M. Landis, Judge. Suit in equity by Oscar H. Pieper, Alphonse P. Pieper, and Frank Ritter, doing business as the Ritter Dental Manufacturing Company, against the Si S. White Dental Manufacturing Company. Decree for defendant,'and complainants appeal. Appellants failed in their suit to enjoin appellee as an alleged infringer of their patent for “electric motor regulation,” No. 794,099, July 8, 1902, on application filed March 24, 1899, by Oscar H. and Alphonse F. Pieper.…
1Opinion of the CourtBaker, Circuit Judge
(after stating the facts as above). Appel-lee’s expert essayed some distinctions between appellee’s dental engine and the device of the patent; but the contention of noninfringe-meut disappeared at the argument. If the patent is valid, it is infringed.
[1] Prior public use is presented as an additional defense. It is claimed that the Wagner Electric Company in 1891 installed the combination of the patent in the office of a dentist at St. Louis. Nothing physical except a motor was produced in evidence. As introduced it could operate only as a repulsion motor. If oral testimony relating to its…
2Cases cited10 opinions
- Deering v. Winona Harvester WorksSupreme Court of the United States · 1894
- Morris v. McMillinSupreme Court of the United States · 1884
- Railroad Supply Co. v. Hart Steel Co.Court of Appeals for the Seventh Circuit · 1915
- Emerson & Norris Co. v. Simpson Bros. Corp.Court of Appeals for the First Circuit · 1913
- Westinghouse Electric & Mfg. Co. v. Allis-Chalmers Co.Court of Appeals for the Third Circuit · 1910
5 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Kennicott Co. v. Holt Ice & Cold Storage Co.Court of Appeals for the Seventh Circuit · 1915
- Searchlight Horn Co. v. Victor Talking Mach. Co.District Court, D. New Jersey · 1919
- Lowell v. TriplettCourt of Appeals for the Fourth Circuit · 1935
- Alvey-Ferguson Co. v. Peter Schoenhofen Brewing Co.District Court, N.D. Illinois · 1917