Ex Parte National Enameling and Stamping Company
Supreme Court of the United States
PETITION FOR WRIT Oí' MANDAMUS. In March, 1903, the petitioners filed their bill in the Circuit Court of the United States for the Southern District of New York against the New England Enameling Company, to restrain the further infringement by that company of letters patent of the United States, No, 527,361, for improvements in enameling metal ware, and to ' recover damages for past infringement.
Read the full summary
PETITION FOR WRIT Oí' MANDAMUS. In March, 1903, the petitioners filed their bill in the Circuit Court of the United States for the Southern District of New York against the New England Enameling Company, to restrain the further infringement by that company of letters patent of the United States, No, 527,361, for improvements in enameling metal ware, and to ' recover damages for past infringement. After answer and proofs the ease came on for hearing, and on July 8, 1905, a decree was entered, reciting that nine of the twelve claims in the patent were good and valid, that three were invalid and…
1Opinion of the CourtJustice Brewer
The decree entered by the Circuit Court was interlocutory and not final. Barnard v. Gibson, 7 How: 650; Humiston v. Stainthorp, 2 Wall. 106, and cases cited in note; Estey v. Burdett, 109 U. S. 633, 637; McGourkey v. Toledo & Ohio Railway Company, 146 U. S. 536 (in this case is. a full discussion of the differences between an interlocutory and a final decree); Hohorst v. Hamburg-American Packet Company, 148 U. S. 262; Smith v. Vulcan Iron Works, 165 U. S. 518.
Plaintiffs brought one suit upon a single patent. The findings of the Circuit Court that three of the twelve claims were invalid and…
2Cases cited11 opinions
- Forgay v. ConradSupreme Court of the United States · 1848
- Mast, Foos & Co. v. Stover Manufacturing Co.Supreme Court of the United States · 1900
- McLish v. RoffSupreme Court of the United States · 1891
- McGourkey v. Toledo & Ohio Central Railway Co.Supreme Court of the United States · 1892
- Smith v. Vulcan Iron WorksSupreme Court of the United States · 1897
6 more not listed; retrieve them via the Exa API.
3Cited by120 opinions
- Myers v. Bethlehem Shipbuilding Corp.Supreme Court of the United States · 1938
- New York State National Organization for Women v. TerryCourt of Appeals for the Second Circuit · 1989
- John Simmons Co. v. Grier Brothers Co.Supreme Court of the United States · 1922
- La BourgogneSupreme Court of the United States · 1908
- United States Fidelity & Guaranty Co. v. BraySupreme Court of the United States · 1912
115 more not listed; retrieve them via the Exa API.