Legal Opinion

Siemens v. Sellers

United States Circuit Court

Decided May 14, 1883Published

Hearing on Bill, Answer, and Proofs. Bill in equity by Charles and Frederick Siemens against William Sellers, Edward W. Clark, John Sellers, Jr., Joseph E. Tobias, and James A. Wright, praying an injunction and an account for an alleged infringement of reissued letters patent No. 3,265, dated January 12, 1869, granted to complainants for an improved regenerator furnace for metallurgists and others.

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Hearing on Bill, Answer, and Proofs. Bill in equity by Charles and Frederick Siemens against William Sellers, Edward W. Clark, John Sellers, Jr., Joseph E. Tobias, and James A. Wright, praying an injunction and an account for an alleged infringement of reissued letters patent No. 3,265, dated January 12, 1869, granted to complainants for an improved regenerator furnace for metallurgists and others. The answer denied infringement, but contained, inter alia: “ We believe that the Midvale Steel Works, a corporation organized under the laws of the state of Pennsylvania, and doing business in the…

1Opinion of the CourtButler, J.

On the first of March, 1864, the complainants obtained letters patent from the United States for “improved regener-ator furnace for metallurgists and others,” and on the twelfth of January, 1869, procured a reissue of the same. The bill, after reciting these facts and making the usual averments, charges the respondents with infringement of their rights under the patent. The answer, admitting the grant of letters as, claimed, denies that the respondents, or either of them, have “made, used, or sold furnaces embracing, in their construction or mode of operation, substantially the invention…

2Cases cited2 opinions

  1. De Florez v. RaynoldsU.S. Circuit Court for the District of Southern New York · 1880
  2. Weston v. WhiteU.S. Circuit Court for the District of Connecticut · 1876

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