Legal Opinion

Schmertz Wire Glass Co. v. Western Glass Co.

District Court, N.D. Illinois

Decided March 17, 1913No. 28,615PublishedCited by 6 opinions

In Equity. Suit by the Schmertz. Wire Glass Company ajid the Mississippi Wire Glass Company against the Western Glass Company. On exceptions to master’s report on accounting..

1Opinion of the Court

SANBORN, District Judge.

On exceptions to master’s report on accounting finding nominal damages.

Defendant was decided to be an infringer in this cause ([C. C.] 178 Fed. 977; 185 Fed. 788, 109 C. C. A. 1), and an accounting for damages and profits awarded. Defendant was held to be using substantially the machine, and substantially the process, secured to the patentee in reissue No. 12,443. Upon the issuing, of the injunction, and on February 10, 1910, defendant changed its method from the Schmertz process to the so-called European three-step process, which was held not to infringe in (C. C.)…

2Cases cited11 opinions

  1. Elizabeth v. Pavement Co.Supreme Court of the United States · 1878
  2. Westinghouse Electric & Manufacturing Co. v. Wagner Electric & Manufacturing Co.Supreme Court of the United States · 1912
  3. Garretson v. ClarkSupreme Court of the United States · 1884
  4. Hurlbut v. SchillingerSupreme Court of the United States · 1889
  5. McCreary v. Pennsylvania Canal Co.Supreme Court of the United States · 1891

6 more not listed; retrieve them via the Exa API.

3Cited by6 opinions

  1. United States Frumentum Co. v. LauhoffCourt of Appeals for the Sixth Circuit · 1914
  2. Western Glass Co. v. Schmertz Wire Glass Co.Court of Appeals for the Seventh Circuit · 1915
  3. Dunn Mfg. Co. v. Standard Computing Scale Co.Court of Appeals for the Sixth Circuit · 1913
  4. Expanded Metal Co. v. General Fireproofing Co.District Court, N.D. Ohio · 1917
  5. Union Electric Welding Co. v. CurryCourt of Appeals for the Sixth Circuit · 1922

1 more not listed; retrieve them via the Exa API.

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