Benoit v. Wadley Co.
Court of Appeals for the Seventh Circuit
1Opinion of the Court
EVANS, Circuit Judge.
Suit was brought on claim 1 of Patent No. 1,674,942, issued June 26, 1928, to Leon Benoit, covering a machine for assembling cartons such as are suitable for the reception of eggs. The court found that claim 1, the only one involved, “if valid, must be strictly construed,” and, when so construed, there was no infringement by appellees’ machine. Benoit is the owner of the patent, and his co-appellant is the exclusive licensee thereunder. Appellees are the manufacturer and the user of the alleged infringing machine.
Claim 1 reads as follows: “1. A carton assembling machine…
2Cases cited5 opinions
- Western Electric Co. v. LaRueSupreme Court of the United States · 1891
- Burroughs Adding Mach. Co. v. Felt & Tarrant Mfg. Co.Court of Appeals for the Seventh Circuit · 1917
- State Bank of Chicago v. Hillman'sCourt of Appeals for the Seventh Circuit · 1910
- Schram Glass Mfg. Co. v. Homer Brooke Glass Co.Court of Appeals for the Seventh Circuit · 1918
- Kennicott Co. v. Holt Ice & Cold Storage Co.Court of Appeals for the Seventh Circuit · 1915
3Cited by10 opinions
- Oliver F. Marston v. J. C. Penney Company, Inc., Oliver F. Marston v. J. C. Penney Company, Inc.Court of Appeals for the Fourth Circuit · 1965
- Nordberg Mfg. Co. v. Woolery MacHine Co.Court of Appeals for the Seventh Circuit · 1935
- Jensen-Salsbery Laboratories, Inc. v. O. M. Franklin Blackleg Serum Co.Court of Appeals for the Tenth Circuit · 1934
- Texas Co. v. Globe Oil & Refining Co.District Court, N.D. Illinois · 1953
- Holmes v. Atlas Garage Door Co.District Court, S.D. California · 1945
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