Los Angeles Lime Co. v. Nye
Court of Appeals for the Ninth Circuit
Appeals from the District Court of the United States for the Southern Division of the Southern District of California; Oscar A. Trippet, Judge. Suits by Paul E. Denivelle and the Los Angeles Lime Company against C. L. Nye and against E. Ceriat, individually and doing business under the firm name and style of E. Ceriat & Co. Decrees for. defendants, and plaintiffs appeal.
1Opinion of the Court
ROSS, Circuit Judge.
These suits were consolidated and tried as one in the court below, and were argued and submitted together here. From both suits the Lime Company was eliminated in the trial court.
The suits were for alleged infringements of a patent issued to Denivelle for thé manufacture of artificial travertin, and the defense in each case was lack of invention, prior use, and noninfringement. The trial resulted in decrees dismissing the bills, with costs to the defendants thereto.
*156If the patent is valid and the alleged prior use not sustained, there can, we think, be no doubt that in each…
2Cases cited18 opinions
- Elizabeth v. Pavement Co.Supreme Court of the United States · 1878
- Tilghman v. ProctorSupreme Court of the United States · 1881
- Cochrane v. DeenerSupreme Court of the United States · 1877
- Mowry v. WhitneySupreme Court of the United States · 1871
- Mitchell v. TilghmanSupreme Court of the United States · 1874
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3Cited by8 opinions
- Ralph N. Brodie Co. v. Hydraulic Press Mfg. Co.Court of Appeals for the Ninth Circuit · 1945
- Schumacher v. Buttonlath Mfg. Co.Court of Appeals for the Ninth Circuit · 1920
- National Welding Equipment Co. v. Hammon Precision Equipment Co.District Court, N.D. California · 1958
- MacGruer v. DenivelleCalifornia Court of Appeal · 1931
- Jay v. SuetterCourt of Appeals for the Ninth Circuit · 1929
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