Mosher v. Joyce
Court of Appeals for the Sixth Circuit
Appeal from the Circuit Court of the United States for the Western Division of the Southern District of Ohio. In Equity. .Bill by Samuel E. Mosher against Jacob O. Joyce and ■others for infringement of a patent. The patent was sustained, infringement declared, and a reference for an accounting ordered. 31 Fed.
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Appeal from the Circuit Court of the United States for the Western Division of the Southern District of Ohio. In Equity. .Bill by Samuel E. Mosher against Jacob O. Joyce and ■others for infringement of a patent. The patent was sustained, infringement declared, and a reference for an accounting ordered. 31 Fed. Rep. 557. Subsequently the cause was heard on exceptions by defendants to the master’s report, which exceptions were sustained, and a decree entered for nominal damages. 45 Fed. Rep. 205. Complainant appeals. Statement by Jackson, Circuit Judge: In 1883 the appellant brought suit…
1Opinion of the Court
Jackson, Circuit Judge.
There was no error in the holding of the circuit court that complainant’s invention and patents were for improvements’only, and not for an entirely new machine or lifting jack. The patented improvement made jacks on which it was used more efficient, but did not operate to make an entirely new' machine, nor did it supersede-all other jacks.
We are clearly of the opinion that the order of reference did not direct the master to find and report the profits made by defendants on the entire jack manufactured and sold by them. In the absence of proof *444showing that the…
2Cases cited6 opinions
- Littlefield v. PerrySupreme Court of the United States · 1875
- Garretson v. ClarkSupreme Court of the United States · 1884
- Crosby Steam Gage & Valve Co. v. Consolidated Safety Valve Co.Supreme Court of the United States · 1891
- Manufacturing Co. v. CowingSupreme Court of the United States · 1882
- Hurlbut v. SchillingerSupreme Court of the United States · 1889
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- Columbia Wire Co. v. Kokomo Steel & Wire Co.Court of Appeals for the Seventh Circuit · 1911
- National Folding-Box & Paper Co. v. Dayton Paper Novelty Co.U.S. Circuit Court for the District of Southern Ohio · 1899
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