Legal Opinion

Stebler v. Porterville Citrus Ass'n

Court of Appeals for the Ninth Circuit

Decided February 11, 1918No. 3052PublishedCited by 8 opinions

Appeal from the District Court of the United States for the Northern Division of the Southern District of California. Suit by Fred Stebler against the Porterville Citrus Association, for an. injunction restraining an infringement of complainant’s patent and a decree for profits realized and damages sustained by reason of the infringement. From a decree for defendant, complainant appeals.

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Appeal from the District Court of the United States for the Northern Division of the Southern District of California. Suit by Fred Stebler against the Porterville Citrus Association, for an. injunction restraining an infringement of complainant’s patent and a decree for profits realized and damages sustained by reason of the infringement. From a decree for defendant, complainant appeals. The complainant, Stebler (appellant), is the owner of United States letters pal cut numbered 775,015, for a new and' useful fruit grader, granted to Thomas Strain on November 15', 1904. Complainant charges…

1Opinion of the Court

MORROW, Circuit Judge.

[1] It is contended that the fruit graders manufactured and sold by the defendant company contain such features of the complainant’s invention, covered by letters patent No. 775,015, as to constitute infringement thereof. That an identity of results is produced by the two devices is granted; but it is claimed by defendant that there is not identity of means and operation.

The claims of complainant’s patent said to be infringed comprise, briefly speaking, traveling means for conveying fruit along a definite *928line of travel, consisting of grading and conveyor belts, inclined…

2Cases cited3 opinions

  1. Cimiotti Unhairing Co. v. American Fur Refining Co.Supreme Court of the United States · 1905
  2. Stebler v. Riverside Heights Orange Growers' Ass'nCourt of Appeals for the Ninth Circuit · 1913
  3. Riverside Heights Orange Growers' Ass'n v. SteblerCourt of Appeals for the Ninth Circuit · 1917

3Cited by8 opinions

  1. Magnavox Co. v. Hart & RenoCourt of Appeals for the Ninth Circuit · 1934
  2. Craftint Mfg. Co. v. BakerCourt of Appeals for the Ninth Circuit · 1938
  3. Air Devices, Inc. v. Air Factors, Inc.Court of Appeals for the Ninth Circuit · 1954
  4. Pacific States Electric Co. v. WrightCourt of Appeals for the Ninth Circuit · 1922
  5. Overlin v. Dallas Machine & Locomotive WorksCourt of Appeals for the Ninth Circuit · 1924

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