United States Mitis Co. v. Carnegie Steel Co.
U.S. Circuit Court for the District of Western Pennsylvania
Sur Objection by Defendant to tbe Form of Proposed Decree. The decree is for infringement of letters patent No. 333,373, to Carl G. tVittensfrom, for improvements in the process of manufacturing castings from wrought iron and steel, by adding aluminum.
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Sur Objection by Defendant to tbe Form of Proposed Decree. The decree is for infringement of letters patent No. 333,373, to Carl G. tVittensfrom, for improvements in the process of manufacturing castings from wrought iron and steel, by adding aluminum. The averment of infringement in the bill is as follows: ‘‘Yet the defendant, well knowing the premises, and after full notice of your orator’s exclusive rights under said letters patent, has, within said district, and elsewhere within the United States and territories, and since the said 25th day of May, 188G, without the license of your…
1Opinion of the Court
ACHESON, Circuit Judge.
Section 4900 of the Revised Statutes is not applicable here. The patent in suit is exclusively for a process, and therefore the case is not within either the letter or the spirit of section 4900. Even in a case where the patent is within the purview of section 4900, its provisions apply, as against the plaintiff, only “if he makes or sells the article patented.” Dunlap v. Schofield, 152 U. S. 244, 247, 14 Sup. Ct. 576; Campbell v. Mayor, etc., 81 Fed. 182, 184. Moreover, the bill here alleges that the defendant acted “after notice of your orator’s exclusive rights under…
2Cases cited2 opinions
- Dunlap v. SchofieldSupreme Court of the United States · 1894
- Campbell v. Mayor of New YorkU.S. Circuit Court for the District of Southern New York · 1897
3Cited by7 opinions
- Hartford National Bank & Trust Co. v. E. F. Drew & Co.District Court, D. Delaware · 1960
- Son v. Pressed Steel Car Co.District Court, S.D. New York · 1927
- United States Mitis Co. v. Midvale Steel Co.U.S. Circuit Court for the District of Eastern Pennsylvania · 1904
- Wagner v. Corn Products Refining Co.District Court, D. New Jersey · 1928
- American Ornamental Bottle Corp. v. Orange-Crush Co.Court of Appeals for the Fourth Circuit · 1935
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