Legal Opinion

Dunn Mfg. Co. v. Standard Computing Scale Co.

Court of Appeals for the Sixth Circuit

Decided March 13, 1913No. 2,294PublishedCited by 11 opinions

Appeal from the District Court of the United States for the Eastern District of Michigan; Alexis C. Angelí, Judge. Suit in equity by the Dunn Manufactoring Company and others r/rr-.iust the Standard Computing Scale Company. On appeal by complainants from final decree awarding nominal damages only for infringement of patent.

1Opinion of the Court

DENISON, Circuit Judge.

After the opinion of this court, sustaining the Dunn patent, No. 800,431 (163 Fed. 521, 90 C. C. A. 331), the usual interlocutory decree for complainants was entered below and an accounting had. Complainants waived damages. It appeared that defendant had embodied in its market structure not only the patent infringed, but also, under a royalty contract with one Osborn, an improvement thereon patented to the latter. After the decree, defendant changed the form of its device, and claimed that it thus avoided infringement. Complainants insisted that the change was not…

2Cases cited9 opinions

  1. Westinghouse Electric & Manufacturing Co. v. Wagner Electric & Manufacturing Co.Supreme Court of the United States · 1912
  2. Coupe v. RoyerSupreme Court of the United States · 1895
  3. McCreary v. Pennsylvania Canal Co.Supreme Court of the United States · 1891
  4. Yesbera v. Hardesty Mfg. Co.Court of Appeals for the Sixth Circuit · 1908
  5. Wales v. Waterbury Mfg. Co.Court of Appeals for the Second Circuit · 1900

4 more not listed; retrieve them via the Exa API.

3Cited by11 opinions

  1. United States Frumentum Co. v. LauhoffCourt of Appeals for the Sixth Circuit · 1914
  2. Egry Register Co. v. Standard Register Co.Court of Appeals for the Sixth Circuit · 1928
  3. Weir Frog Co. v. PorterCourt of Appeals for the Sixth Circuit · 1913
  4. Ruth v. Stearns-Roger Mfg. Co.District Court, D. Colorado · 1935
  5. Herman v. Youngstown Car Mfg. Co.Court of Appeals for the Sixth Circuit · 1914

6 more not listed; retrieve them via the Exa API.

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