Rosemary Mfg. Co. v. Halifax Cotton Mills, Inc.
Court of Appeals for the Fourth Circuit
Appeal from the District Court of the United States for the Western District of Virginia, at Lynchburg; Henry Clay McDowell, Judge. Suit in equity by the Rosemary Manufacturing Company against the Halifax Cotton Mills, Incorporated. Decree for defendant, and complainant appeals.
1Opinion of the Court
ROSE, District Judge.
The plaintiff, the Rosemary Manufacturing Company, is the owner of reissued letters patent No. 12,159, granted September 29, 1903, to Samuel E. Patterson. It charges infringement by the defendant, the Halifax Cotton Mills, Incorporated. The lower court dismissed its bill, and it has appealed.
[f the patent is valid, its claims can be read upon the looms used by the defendant. The latter, however, denies validity, and in the alternative says it has a license. 'In the view we take of the first con*322tention, it is unnecessary to consider the second. In substance the claims are…
2Cited by8 opinions
- In re EarleCourt of Customs and Patent Appeals · 1939
- R. G. Le Tourneau, Inc. v. Gar Wood Industries, Inc.Court of Appeals for the Ninth Circuit · 1945
- Rosemary Mfg. Co. v. Halifax Cotton Mills, Inc.Court of Appeals for the Fourth Circuit · 1920
- Hemphill Co. v. Davis Co.Court of Appeals for the Fourth Circuit · 1950
- Herbert Glatt, T/a Magla Products v. G. C. Murphy CompanyCourt of Appeals for the Fourth Circuit · 1959
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