J. D. Randall Co. v. Fogelsong Mach. Co.
Court of Appeals for the Sixth Circuit
Appeal from the District Court of the United States for the Western Division of the Southern District of Ohio; Howard C. Hollister, Judge. Suit in equity by the Fogelsong Machine Company against the J. D. Randall Company. On appeal by defendant from an order granting a preliminary injunction.
1Opinion of the Court
SAFER, District Judge.
At the time we heard the original case between these parties (203 Fed. 41, 121 C. C. A. 377), the application for the Doane patent, No. 1,069,769, .issued August 12, 1913, was pending in the Patent Office. Prior to its issuance the defendant (appellant) sold a machine constructed in harmony with the call of the patent, of which fact it would seem the plaintiff (appellee) obtained knowledge when the accounting between the parties, ordered by the trial court, was in progress. The plaintiff subsequently filed a supplemental bill charging such machine to be an infringement…
2Cases cited3 opinions
- Blount v. Societe Anonyme Du Filtre Chamberland Systeme PasteurCourt of Appeals for the Sixth Circuit · 1892
- City of Grand Rapids v. Warren Bros.Court of Appeals for the Sixth Circuit · 1912
- J. D. Randall Co. v. Foglesong Mach. Co.Court of Appeals for the Sixth Circuit · 1913