Legal Opinion

Letson v. Alaska Packers' Ass'n

Court of Appeals for the Ninth Circuit

Decided March 1, 1904No. 944PublishedCited by 8 opinions

Appeal from the Circuit Court of the United States for the Northern Division of the District of Washington. These are cross-appeals from the decree of the Circuit Court for the District of Washington rendered in a suit brought by the Alaska Packers’ Association, hereinafter designated the appellee, against the firm of Letson & Burpee, hereinafter designated the appellants, for infringement of letters patent No. 376,-804, dated January 24, 1888, issued to Matthias Jensen, for…

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Appeal from the Circuit Court of the United States for the Northern Division of the District of Washington. These are cross-appeals from the decree of the Circuit Court for the District of Washington rendered in a suit brought by the Alaska Packers’ Association, hereinafter designated the appellee, against the firm of Letson & Burpee, hereinafter designated the appellants, for infringement of letters patent No. 376,-804, dated January 24, 1888, issued to Matthias Jensen, for an improvement in can-capping machines. Claims 1, 3, 5, 9, 10, and 11 were alleged to be infringed. The trial court…

1Opinion of the CourtGilbert, Circuit Judge

Before discussing the question of infringement, it is important to determine the nature of the Jensen invention, and to ascertain how far the claims thereof are affected by the prior state of the art. The appellee contends that prior to that invention there was no automatic machine known or in existence which would successfully place caps on filled cans, and that, Jensen being the first in the art to devise a machine capable of performing that operation, his invention is pioneer in its character, and entitled to a broad construction. The appellants, on the other hand, contend that Jensen used…

2Cases cited7 opinions

  1. MacHine Co. v. MurphySupreme Court of the United States · 1878
  2. Morley Sewing MacHine Co. v. LancasterSupreme Court of the United States · 1889
  3. IVES v. HamiltonSupreme Court of the United States · 1876
  4. Hoyt v. HorneSupreme Court of the United States · 1892
  5. Brush v. ConditSupreme Court of the United States · 1889

2 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. Stebler v. Riverside Heights Orange Growers' Ass'nCourt of Appeals for the Ninth Circuit · 1913
  2. Angelus Sanitary Can Mach. Co. v. WilsonCourt of Appeals for the Ninth Circuit · 1925
  3. Los Angeles Art Organ Co. v. Æolian Co.Court of Appeals for the Ninth Circuit · 1906
  4. American Can Co. v. Hickmott Asparagus Canning Co.Court of Appeals for the Ninth Circuit · 1905
  5. Butler v. Burgh Plow Co.Court of Appeals for the Ninth Circuit · 1927

3 more not listed; retrieve them via the Exa API.

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