Legal Opinion

Smith & Davis Manuf'g Co. v. Mellon

Court of Appeals for the Eighth Circuit

Decided October 30, 1893No. 186PublishedCited by 17 opinions

Appeal from the Circuit Court of the United States for the Eastern District of Missouri. In Equity. Bill by the Smith & Davis Manufacturing Company against Peter II. Mellon for infringement of letters patent. Bill dismissed. 52 Fed. 349. Complainant appeals.

1Opinion of the Court

BREWER, Circuit Justice.

This case is before us on an appeal from a decree of the circuit court of the United States for the eastern district of Missouri, dismissing the plaintiff’s bill. The suit was one for the infringement of a patent, that patent bring No. 269,242, dated December 19, 1882, issued to John G. Smith, and by Mm assigned to complainant, and was for an improvement in spring beds. The ground on which the circuit court dismissed the bill was that the invention covered by the patent had been in public use and on sale for more than two years prior to the date of the application, and…

2Cases cited12 opinions

  1. Loom Co. v. HigginsSupreme Court of the United States · 1882
  2. Elizabeth v. Pavement Co.Supreme Court of the United States · 1878
  3. Egbert v. LippmannSupreme Court of the United States · 1881
  4. Smith & Griggs Manufacturing Co. v. SpragueSupreme Court of the United States · 1887
  5. McCLURG v. KINGSLANDSupreme Court of the United States · 1843

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3Cited by17 opinions

  1. National Hollow Brake-Beam Co. v. Interchangeable Brake-Beam Co.Court of Appeals for the Eighth Circuit · 1901
  2. In Re James A. Smith and James H. McLaughlin and Sterling Drug, Inc., IntervenorCourt of Appeals for the Federal Circuit · 1983
  3. In re TheisCourt of Customs and Patent Appeals · 1979
  4. Cataphote Corporation, a Corporation v. De Soto Chemical Coatings, Inc., a CorporationCourt of Appeals for the Ninth Circuit · 1966
  5. George R. Churchill Company, Inc. v. American Buff Company, Automatic Buff Co., Inc., Duluth Buff Co., Inc., and Speedway Buff Co., Inc.Court of Appeals for the Seventh Circuit · 1966

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