Keyes v. Pueblo Smelting & Refining Co.
U.S. Circuit Court for the District of Colorado
Letters patent No. 121,385 were granted November 28, 1881, to Win-field Scott Keyes, for an improvement in furnaces for smelting lead and other ores. An action at law was afterwards brought in the circuit court of the United States for the district of Colorado, against one Grant ctaL, to recover damages for an alleged infringement of this patent.
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Letters patent No. 121,385 were granted November 28, 1881, to Win-field Scott Keyes, for an improvement in furnaces for smelting lead and other ores. An action at law was afterwards brought in the circuit court of the United States for the district of Colorado, against one Grant ctaL, to recover damages for an alleged infringement of this patent. The defendants relied principally on the want of patentable novelty in the invention, and it was shown that an invention similar in character had been described in a publication printed in Berlin in 1831-32, called “System der Metallurgie,” by one…
1Opinion of the CourtBrewer, J.
Counsel in this patent case arc not here, but I will dispose pf their applications, and they can ascertain from the reporter exactly what is decided. There are two motions,—one is for a preliminary injunction, the other a counter-motion for a jury. With respect to the first, the ordinary rules of equity jurisprudence apply in patent cases as in others, and a temporary preliminary injunction will uot be granted unless it seems probable that the protection which the complainant’s bill shows he is entitled to, compels ill If he can receive full protection without such temporary injunction, it…
2Cited by4 opinions
- Bereslavsky v. KloebCourt of Appeals for the Sixth Circuit · 1947
- Beaunit Mills, Inc. v. Eday Fabric Sales CorporationCourt of Appeals for the Second Circuit · 1942
- Motion Picture Patents Co. v. Centaur Film Co.District Court, D. New Jersey · 1914
- Blakey v. KurtzU.S. Circuit Court for the District of Western Pennsylvania · 1897