Kilbourne v. W. Pingham Co.
Court of Appeals for the Sixth Circuit
Appeal from the Circuit Court of the United States for the Northern District of Ohio, Eastern Division. In Equity. Suit by James Kilbourne and the Kilbourne & Jacobs Manufacturing Company against the W. Bingham Company for infringement of patent. The circuit court dismissed the bill, and complainants appeal.
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Appeal from the Circuit Court of the United States for the Northern District of Ohio, Eastern Division. In Equity. Suit by James Kilbourne and the Kilbourne & Jacobs Manufacturing Company against the W. Bingham Company for infringement of patent. The circuit court dismissed the bill, and complainants appeal. Statement by Swan, District Judge: Appellant Kilbourne is the patentee and owner of, and the corporation appellant the exclusive licensee under, letters patent No. 240,146, issued April 12,1881, on application filed December 28,1880, for “certain new and useful improvements in sinks.”…
1Opinion of the Court
Swan, District Judge.
Complainants claim the monopoly of making and vending under Kilbourne’s patent the single article of sinks, “swaged or struck up from a single sheet of wrought steel or iron, without joints *699seam, or interior angle.” The conceptions claimed as original, on which the validity of the patent is predicated hy the argument, are: (1) The mode of construction: (2) the entirety of the material composing the completed article: (3) the use of the wrought steel or iron in the manufacture of the sink; (4) the interior form, without joint, seam, or angle.
1. If the first element of this…
2Cases cited7 opinions
- Hotchkiss v. GreenwoodSupreme Court of the United States · 1851
- Hollister v. Benedict & Burnham Manufacturing Co.Supreme Court of the United States · 1885
- Florsheim v. SchillingSupreme Court of the United States · 1890
- Phillips v. DetroitSupreme Court of the United States · 1884
- Hicks v. KelseySupreme Court of the United States · 1874
2 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Strom Manuf'g Co. v. Weir Frog Co.Court of Appeals for the Sixth Circuit · 1897
- Drake Castle Pressed Steel Lug Co. v. Brownell & Co.Court of Appeals for the Sixth Circuit · 1903
- Rynear Co. v. EvansU.S. Circuit Court for the District of Southern New York · 1897
- Union Hardware Co. v. SelchowU.S. Circuit Court for the District of Southern New York · 1901
- Wise Soda Apparatus Co. v. Bishop-Babcock-Becker Co.Court of Appeals for the Sixth Circuit · 1917
10 more not listed; retrieve them via the Exa API.