Lange v. McGuin
Court of Appeals for the Seventh Circuit
Appeal from the Circuit Court of the United States for the Rastem Division of the Northern District of Illinois. Suit in equity by Leopold Lange against Michael F. McGuin and others. Decree for defendants, and complainant appeals. •Appellant filed his bill in the usual form, alleging infringement of patent No. 893,253, July 34, 1908, to appellant, for a “process for recovering spirits from internally charred liquor casks which have been once used.”
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Appeal from the Circuit Court of the United States for the Rastem Division of the Northern District of Illinois. Suit in equity by Leopold Lange against Michael F. McGuin and others. Decree for defendants, and complainant appeals. •Appellant filed his bill in the usual form, alleging infringement of patent No. 893,253, July 34, 1908, to appellant, for a “process for recovering spirits from internally charred liquor casks which have been once used.” The claims, and the explanation thereof given in the specification, read as follows: “In carrying out my procesa, I first charge said empty casks…
1Opinion of the CourtBaker, Circuit Judge
(after stating the facts as above). The office of a general demurrer to a bill is to test the legal sufficiency of the averments to state a good cause of action in equity. Of course, a demurrer may be addressed to a bill for infringement of a patent as well as to any other bill. And, though the bill be in due form and complete in all its parts, yet, if the exhibited patent be inevitably void either on its face or by reason of matters of universal knowledge, the demurrer should be sustained.
Thus, if a design patent claims a monopoly, not merely of the particular arrangement of parallel lines…
2Cases cited13 opinions
- Risdon Iron & Locomotive Works v. MedartSupreme Court of the United States · 1895
- Richards v. Chase Elevator Co.Supreme Court of the United States · 1895
- American Fibre-Chamois Co. v. Buckskin-Fibre Co.Court of Appeals for the Sixth Circuit · 1896
- New York Belting & Packing Co. v. New Jersey Car Spring & Rubber Co.Supreme Court of the United States · 1890
- Beer v. WalbridgeCourt of Appeals for the Second Circuit · 1900
8 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- L. P. Larson, Jr., Co. v. Wm. Wrigley, Jr., Co.Court of Appeals for the Seventh Circuit · 1918
- Uihlein v. General Electric Co.Court of Appeals for the Seventh Circuit · 1931
- Bronk v. Charles H. Scott Co.Court of Appeals for the Seventh Circuit · 1914
- Friend v. Burnham & Morrill Co.Court of Appeals for the First Circuit · 1932
- Krell Auto Grand Piano Co. v. Story & Clark Co.Court of Appeals for the Seventh Circuit · 1913
7 more not listed; retrieve them via the Exa API.