Legal Opinion

T. L. Smith Co. v. Cement Tile Machinery Co.

District Court, N.D. Iowa

Decided February 19, 1918No. 28PublishedCited by 1 opinion

In Equity. Suit by the T. F. Smith Company, the Jaeger Machine Company, and the Waterloo Ceitient & Machinery Company against the Cement Tile Machinery Company, now known as the Stewart Manufacturing Company.. On final hearing. Decree for complainants on one cause of action, and for defendant on the second cause of action.

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In Equity. Suit by the T. F. Smith Company, the Jaeger Machine Company, and the Waterloo Ceitient & Machinery Company against the Cement Tile Machinery Company, now known as the Stewart Manufacturing Company.. On final hearing. Decree for complainants on one cause of action, and for defendant on the second cause of action. Suit for alleged infringement by defendant of United States letters patent No. 803,721, issued to the T. L.-Smith Company, as assignee of Thomas I,. Smith, November 7, 1905, for improvement in mixing machines, for an accounting of damages and profits, and injunction…

1Opinion of the Court

REED, District Judge.

The patent in suit contains 32 claims, of which Nos. 16, 17, 18, 28, 30, 31, and 32 are alleged in the petition to have been infringed by the defendant. In December, 1914, the plaintiffs brought suit in the United States District Court for the Northern District of Illinois against one Edward Foster, a resident of Illinois, for the alleged infringement of said claims and No. 5, in whidh suit, upon the final hearing, judgment and decree went in favor of the plaintiffs in February, 1916, against said Foster for infringing said claims, with a judgment for damages, an order…

2Cases cited12 opinions

  1. Cromwell v. County of SacSupreme Court of the United States · 1877
  2. Southern Pacific Railroad v. United StatesSupreme Court of the United States · 1897
  3. Russell v. PlaceSupreme Court of the United States · 1877
  4. Hart Steel Co. v. Railroad Supply Co.Supreme Court of the United States · 1917
  5. Packet Co. v. SicklesSupreme Court of the United States · 1867

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3Cited by1 opinion

  1. T. L. Smith Co. v. Cement Tile Machinery Co.Court of Appeals for the Eighth Circuit · 1919

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