Boston Lasting-Mach. Co. v. Woodward
Court of Appeals for the First Circuit
Appeal from (he Circuit Court of the United States for the District of Massachusetts. This was a bill in equity by the Boston Lasting-Machine Company against Erastus Woodward, James Barrett, and Thomas Barrett, for alleged infringement of letters patent No. 248,543, issued October 18, 1881, to the said Frastus Woodward for a “lasting and fastening machine.” The complainant was the owner of the machine by assignment.
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Appeal from (he Circuit Court of the United States for the District of Massachusetts. This was a bill in equity by the Boston Lasting-Machine Company against Erastus Woodward, James Barrett, and Thomas Barrett, for alleged infringement of letters patent No. 248,543, issued October 18, 1881, to the said Frastus Woodward for a “lasting and fastening machine.” The complainant was the owner of the machine by assignment. The circuit court held that there was no infringement, and dismissed the bill. 75 Fed. 272. Complainant has appealed.
1Opinion of the Court
PUTNAM, Circuit Judge.
This patent has previously been before this court, in Woodward v. Machine Co., wherein two opinions were passed down, one March 5, 1894, reported in 8 C. C. A. 622, 60 *98Fed. 283, and one June 23, 1894, reported in 11 C. C. A. 353, 63 Fed. 609. The questions then disposed of were those of estoppel and infringement.
We are again pressed with the proposition that the respondents below .are estopped from denying the validity of the claims of the patent now in issue. The situation in this respect is, however, essentially different from that existing when the patent was…
2Cases cited5 opinions
- Belknap v. SchildSupreme Court of the United States · 1896
- Morley Sewing MacHine Co. v. LancasterSupreme Court of the United States · 1889
- United States v. Berdan Fire-Arms Manufacturing Co.Supreme Court of the United States · 1895
- Woodward v. Boston Lasting Mach. Co.Court of Appeals for the First Circuit · 1894
- Woodward v. Boston Lasting Mach. Co.Court of Appeals for the First Circuit · 1894
3Cited by7 opinions
- Babcock & Wilcox Co. v. Toledo Boiler Works Co.Court of Appeals for the Sixth Circuit · 1909
- National Cash Register Co. v. Remington Arms Co.District Court, D. Delaware · 1922
- Regent Mfg. Co. v. Penn Electrical & Mfg. Co.Court of Appeals for the Seventh Circuit · 1902
- Mergenthaler Linotype Co. v. International Typesetting Mach. Co.District Court, S.D. New York · 1914
- American Coat Pad Co. of Baltimore City v. Phœnix Pad Co.Court of Appeals for the Fourth Circuit · 1902
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