Grever v. United States Hoffman Co.
Court of Appeals for the Sixth Circuit
Appeals from the District Court of'the United States for the Southern District of Ohio; Howard C. Hollister, Judge. Suits in equity by the United States Hofliman Company* and others against Edward C. Grever and against August Dasance. Decree for complainants in first case and defendant appeals, and for defendant in second case and complainants appeal.
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Appeals from the District Court of'the United States for the Southern District of Ohio; Howard C. Hollister, Judge. Suits in equity by the United States Hofliman Company* and others against Edward C. Grever and against August Dasance. Decree for complainants in first case and defendant appeals, and for defendant in second case and complainants appeal. Hoffman and the Hoffman Company brought, in the court below, two infringement suits based upon patent No. 928,199, issued to Hoffman July 13, 1909, on application filed December 1, 1904, for a clothes-pressing apparatus. Grever, defendant in No.…
1Opinion of the CourtDenison, Circuit Judge
(after stating the facts as above). [1, 4] As in every controversy involving validity and infringement, we must determine two questions: First, did the patentee in fact make any real advance in the art, and if so, what was its full extent? Second, applying to his contract with the government, as summarized in his claim, the settled rules of construction, can that contract reasonably be read as granting to him such a monopoly of his actual advance as will include defendant’s embodiment? So we must, in this case, as usual, first examine the state of the art and then construe the claim.
The…
2Cases cited5 opinions
- Diamond Rubber Co. of New York v. Consolidated Rubber Tire Co.Supreme Court of the United States · 1911
- Goodyear Dental Vulcanite Co. v. DavisSupreme Court of the United States · 1880
- Star Brass Works v. General Electric Co.Court of Appeals for the Sixth Circuit · 1901
- American Tobacco Co. v. StreatCourt of Appeals for the Fourth Circuit · 1897
- Cleveland Pneumatic Tool Co. v. Chicago Pneumatic Tool Co.Court of Appeals for the Third Circuit · 1905
3Cited by12 opinions
- WM. B. Scaife & Sons Co. v. Falls City Woolen MillsCourt of Appeals for the Sixth Circuit · 1913
- United States Rubber Co. v. General Tire & Rubber Co.Court of Appeals for the Sixth Circuit · 1942
- Riverside Heights Orange Growers' Ass'n v. SteblerCourt of Appeals for the Ninth Circuit · 1917
- Curry v. Union Electric Welding Co.Court of Appeals for the Sixth Circuit · 1916
- Kawneer Mfg. Co. v. Toledo Plate & Window Glass Co.District Court, E.D. Michigan · 1915
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