Commercial Acetylene Co. v. Avery Portable Lighting Co.
U.S. Circuit Court for the District of Eastern Wisconsin
In Equity. On petition by defendant for injunction. This is a suit in equity commenced on the 24th day of July, 1906, based upon United States letters patent No. 664,383 and No. 727,609, for acetylene gas tanks. An answer was filed September 29th, in which the invalidity of the complainant’s patents 'is asserted on various grounds, and infringement is denied.
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In Equity. On petition by defendant for injunction. This is a suit in equity commenced on the 24th day of July, 1906, based upon United States letters patent No. 664,383 and No. 727,609, for acetylene gas tanks. An answer was filed September 29th, in which the invalidity of the complainant’s patents 'is asserted on various grounds, and infringement is denied. At the same time \he complainant filed another bill in this court against the Pressed Steel Tank Company of Milwaukee, Wis., based on the same patents. Theaverments of the two bills are identical, except that the Pressed Steel…
1Opinion of the CourtQuarles, District Judge
(after stating the facts). It is undisputed that the defendants in the ten suits brought by complainant in other circuits are the vendees of the defendant, whom defendant is morally, not legally, bound to protect and defend in this litigation. It further appears that the defendant is manufacturing only one t3’pe of gas tank, although of various sizes. So that the issues raised in all the suits will be practically identical. That complainant’s patent No. 664,-383 was granted on the 25th of December, 1900, which, by mesne assignments, became the property of complainant on the 3d day of June,…
2Cases cited13 opinions
- Cole v. CunninghamSupreme Court of the United States · 1890
- Birdsell v. ShaliolSupreme Court of the United States · 1884
- Adriance, Platt & Co. v. National Harrow Co.Court of Appeals for the Second Circuit · 1903
- Emack v. KaneUnited States Circuit Court · 1888
- A. B. Farquhar Co. v. National Harrow Co.Court of Appeals for the Third Circuit · 1900
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- Pauley Petroleum Inc. v. Continental Oil CompanySupreme Court of Delaware · 1968
- Patterson v. United StatesCourt of Appeals for the Sixth Circuit · 1915
- Maytag Co. v. Meadows Mfg. Co.Court of Appeals for the Seventh Circuit · 1929
- Asbestos Shingle, Slate & Sheathing Co. v. H. W. Johns-Manville Co.U.S. Circuit Court for the District of Southern New York · 1911
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