Ward Baking Co. v. Weber Bros.
Court of Appeals for the Third Circuit
Appeal from the District Court of the United States for the District of New Jersey; Thos. G. Haight, Judge. Suit in equity by the Ward Baking Company and the Thomson Machine Company against Harry J. Weber and Frederick W. Weber, trading as Weber Bros., and the J. H. Day Company. From the decree, complainants appeal.
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Appeal from the District Court of the United States for the District of New Jersey; Thos. G. Haight, Judge. Suit in equity by the Ward Baking Company and the Thomson Machine Company against Harry J. Weber and Frederick W. Weber, trading as Weber Bros., and the J. H. Day Company. From the decree, complainants appeal. The following is the opinion of the District Court, by Haight, District Judge: The Ward Baking Company, one of the plaintiffs, is the owner of, and the Thomson Machine Company, the other plaintiff, is the exclusive licensee to manufacture and sell under, the following patents,…
1Opinion of the Court
McPHERSON, Circuit Judge.
The four devices in controversy relate to machines for working and shaping dough, and are capable of being used conjointly. The principal patent is reissue No. 11,751, dated June 20, 1899, the original having been issued September 14, 1897; the other three are for minor improvements, No. 611,563, issued September 27, 1898, No. 649,437, issued May 15, 1900, and No. 672,414, issued April 16, 1901. The Ward Baking Company acquired title to all the patents, and in December, 1912, brought this suit to restrain Weber Brothers from infringement. In paragraph XVI the bill…
2Cases cited25 opinions
- Mast, Foos & Co. v. Stover Manufacturing Co.Supreme Court of the United States · 1900
- United States Fidelity & Guaranty Co. v. BraySupreme Court of the United States · 1912
- Smith v. Vulcan Iron WorksSupreme Court of the United States · 1897
- Ex Parte National Enameling and Stamping CompanySupreme Court of the United States · 1906
- Odell v. H. Batterman Co.Court of Appeals for the Second Circuit · 1915
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