Norton v. Jensen
Court of Appeals for the Ninth Circuit
Appeal from 1ke Circuit Court of the United States for the District of Oregon. This was a suit in equity by Edwin Norton and Oliver W. Norton, the appellants, against Mathias Jensen, the appellee, for the infringement Qf four letters patent, viz.: (1) The Norton patent, No. 267,014, dated November 7, 1882, as to claims 1 and 2; (2) the Norton and Hodgson patent, No. 274,363, dated March 20, 1883, as to claims 6 and 7; (3) the Norton and Hodgson patent, No. 294,065, dated…
Read the full summary
Appeal from 1ke Circuit Court of the United States for the District of Oregon. This was a suit in equity by Edwin Norton and Oliver W. Norton, the appellants, against Mathias Jensen, the appellee, for the infringement Qf four letters patent, viz.: (1) The Norton patent, No. 267,014, dated November 7, 1882, as to claims 1 and 2; (2) the Norton and Hodgson patent, No. 274,363, dated March 20, 1883, as to claims 6 and 7; (3) the Norton and Hodgson patent, No. 294,065, dated February 26, 1884, as to claim 14; (4) the Jordan patent, No. 322,060, dated July 14, 1885, as to claims 1, 2, 6, 7, 11,…
1Opinion of the CourtMorrow, Circuit Judge
The first question to be determined is whether the matters and things in controversy in the present suit are res judicata by reason of the judgment in the case of Norton v. Jensen, 7 U. S. App. 103, 1 C. C. A. 452, and 49 Fed. 859. The parties in both suits are the same Edwin Horton and Oliver W. Horton were the complainants in the case referred to, while Mathias Jensen and one John Fox M (j-e the defendants. John Fox is not a party to the case at bar, it appearing that he is now dead. His absence from the case may be treated as immaterial. It is also true that the claims of the four patents…
2Cases cited20 opinions
- Cromwell v. County of SacSupreme Court of the United States · 1877
- Seymour v. OsborneSupreme Court of the United States · 1871
- Railway Co. v. SaylesSupreme Court of the United States · 1878
- Miller v. Brass Co.Supreme Court of the United States · 1882
- Dunbar v. MyersSupreme Court of the United States · 1876
15 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Mastoras v. HildrethCourt of Appeals for the Ninth Circuit · 1920
- Overweight Counterbalance Elevator Co. v. Improved Order of Red Men's Hall Ass'nCourt of Appeals for the Ninth Circuit · 1899
- Xerox Corp. v. Nashua Corp.District Court, S.D. New York · 1970
- Dooley Improvements, Inc. v. Central Hanover Bank & Trust Co.District Court, District of Columbia · 1939