Minerals Separation, Ltd. v. Butte & Superior Mining Co.
District Court, D. Montana
In Equity. Suit by the Minerals Separation, Limited, and others against the Butte & Superior Mining Company. On final hearing.
1Opinion of the Court
BOURQUIN, District Judge.
This is trial on the merits of the suit reported in 237 Fed. 401. It involves the patent and claims of the Hyde suit, wherein the Supreme Court (242 U. S. 261, 37 Sup. Ct. 82, 61 L. Ed. 286) held the patent valid, but some claims invalid. The issues are as in the Hyde suit, viz. novelty, invention, infringement, and in addition defenses of unreasonable delay and defects in disclaimer of the invalid claims, and estoppel by reason of statements by plaintiffs’ counsel to the Supreme Court in arguing the Hyde suit. The evidence herein is that submitted during 25 days and…
2Cases cited8 opinions
- Dolbear v. American Bell Telephone CompanySupreme Court of the United States · 1888
- Minerals Separation, Ltd. v. HydeSupreme Court of the United States · 1916
- Commercial Manufacturing Co. v. Fairbank Canning Co.Supreme Court of the United States · 1890
- Miami Copper Co. v. Minerals Separation, Ltd.Court of Appeals for the Third Circuit · 1917
- Minerals Separation, Ltd. v. Butte & Superior Copper Co.District Court, D. Montana · 1916
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3Cited by1 opinion
- Wolf Mineral Process Corp. v. Mineral Separation North American Corp.District Court, D. Maryland · 1925