Legal Opinion

Duntley Mfg. Co. v. Keller Mfg. Co.

U.S. Circuit Court for the District of Eastern Pennsylvania

Decided October 16, 1909No. 291Published

In Equity. Suit by the Duntley Manufacturing Company against • the Keller Manufacturing Company. On motion to strike off plea.

1Opinion of the Court

J. B. McPHERSON, District Judge.

Tq this bill, which is in the ordinary form and charges the infringement of a patent that was granted to J. W. Smith on May 11, 1909, the defendant has pleaded that, prior to Smith’s pretended invention, two other persons — Wiedemann and Templin — invented the apparatus, and applied for a patent on May 3, 1909; that a divisional application was filed- on June 9, 1909; that the claims of the patent to Smith are in interference with the claims of the divisional application; and that the interference proceeding is now pending and undetermined. The complainant’s…

2Cases cited10 opinions

  1. Sharp v. ReissnerU.S. Circuit Court for the District of Southern New York · 1881
  2. Union Switch & Signal Co. v. Philadelphia & R. R.U.S. Circuit Court for the District of Eastern Pennsylvania · 1895
  3. Korn v. WiebuschU.S. Circuit Court for the District of Southern New York · 1887
  4. Knox Rock-Blasting Co. v. Rairdon Stone Co.U.S. Circuit Court for the District of Southern Ohio · 1898
  5. Arrott v. Standard Sanitary Mfg. Co.U.S. Circuit Court for the District of Western Pennsylvania · 1902

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