Legal Opinion

Huebner-Toledo Breweries Co. v. Mathews Gravity Carrier Co.

Court of Appeals for the Sixth Circuit

Decided October 8, 1918No. 3125PublishedCited by 27 opinions

Appeal from the District Court of the United States, for the West-'em Division of the Northern District of Ohio; John M. Killits, Judge. Suit in equity by the Mathews Gravity Carrier Company against the IIuebner-Toledo ¡Breweries Company. Decree for complainant, and defendant appeals.

1Opinion of the Court

WARRINGTON, Circuit Judge.

This suit is based upon alleged infringement of two patents; it is met in the answer, not only by denial, but particularly by allegation that the claims of these grants are “wholly and entirely void, as not involving anything more than ordinary mechanical skill over what is common knowledge in the art,” and a great many prior patents are referred to: The patents in suit are (1) No. 890,917, issued June 16, 1908, to Mathews & Lister, assignors to Mathews Gravity Carrier Company, and (2) No. 978,466, issued December 13, 1910, to Mathews, assignor to the same company.…

2Cases cited17 opinions

  1. Pennsylvania Railroad v. Locomotive Engine Safety Truck Co.Supreme Court of the United States · 1884
  2. Grinnell Washing MacHine Co. v. E. E. Johnson Co.Supreme Court of the United States · 1918
  3. Thompson v. BoisselierSupreme Court of the United States · 1885
  4. Peters v. Active Manufacturing Co.Supreme Court of the United States · 1889
  5. Railroad Supply Co. v. Elyria Iron & Steel Co.Supreme Court of the United States · 1917

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3Cited by27 opinions

  1. Jockmus v. LevitonCourt of Appeals for the Second Circuit · 1928
  2. Seven Networks, LLC v. Google LLCDistrict Court, E.D. Texas · 2018
  3. Adams v. Galion Iron Works & Mfg. Co.Court of Appeals for the Sixth Circuit · 1930
  4. International Flatstub Check Book Co. v. Young & Selden Co. of Baltimore CityCourt of Appeals for the Fourth Circuit · 1922
  5. Carbide & Carbon Chemicals Corp. v. Texas Co.District Court, S.D. Texas · 1927

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