Warren Bros. Co. v. City of Owosso
Court of Appeals for the Sixth Circuit
Appeal from the Circuit Court of the United States for the Eastern District of Michigan. This is a bill to enjoin infringement of a patent granted to Frederick J. Warren for “a new and useful improvement in street pavements.” The patent was issued May 5, 1903, and bears the serial number 727,505. Upon the pleadings and proof the bill was dismissed, and the complainants below have appealed.
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Appeal from the Circuit Court of the United States for the Eastern District of Michigan. This is a bill to enjoin infringement of a patent granted to Frederick J. Warren for “a new and useful improvement in street pavements.” The patent was issued May 5, 1903, and bears the serial number 727,505. Upon the pleadings and proof the bill was dismissed, and the complainants below have appealed. The Barber Asphalt Paving Company, having constructed the alleged infringing pavement for the city of Owosso, has appeared and assumed the entire burden of defense. The invention relates to an improvement…
1Opinion of the Court
• L/URTON, Circuit Judge
(after stating the facts as above). The street pavement of the Warren patent is plainly differentiated from the pavement structures in practical use before his invention, and no serious effort has been made to show its anticipation by any of the known and practical methods of making roadways. The old and well-known forms of such structures included roadways made of granite or other hard stone blocks, vitrified brick, blocks or strips of wood, and well-known macadam. A more modern, and yet well-known, pavement is known as “sheet asphalt.” Each of these forms had its…
2Cases cited14 opinions
- Seymour v. OsborneSupreme Court of the United States · 1871
- Elizabeth v. Pavement Co.Supreme Court of the United States · 1878
- MacHine Co. v. MurphySupreme Court of the United States · 1878
- Gayler v. WilderSupreme Court of the United States · 1851
- Potts v. CreagerSupreme Court of the United States · 1895
9 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Concrete Appliances Co. v. MeinkenCourt of Appeals for the Sixth Circuit · 1920
- General Tire & Rubber Co. v. Firestone Tire & Rubber Co.District Court, N.D. Ohio · 1972
- City of Akron v. BoneCourt of Appeals for the Sixth Circuit · 1915
- Lakewood Engineering Co. v. WalkerCourt of Appeals for the Sixth Circuit · 1928
- Los Angeles Lime Co. v. NyeCourt of Appeals for the Ninth Circuit · 1921
18 more not listed; retrieve them via the Exa API.