Covert v. Travers Bros. Co.
U.S. Circuit Court for the District of Southern New York
This was a bill in equity by James C. Covert against Travers Bros. Company for alleged infringement of letters patent No. 208,157, granted to complainant September 17, 1878, for an improvement in rope clamps.
1Opinion of the Court
COXE, District Judge.
The patent in suit, No. 208,157, was, in 1885, before the court on a motion for a preliminary injunction. 25 Fed. 43. As the facts are now recalled the proceedings on that motion were ex parte in character. No one represented the defendant at the argument although some affidavits on his behalf were submitted. That decision does not preclude the court from considering the arguments which are now presented. That a patent, manifestly invalid upon its face, may be so declared on demurrer is now settled beyond dispute. The authorities bearing upon this proposition will be…
2Cases cited11 opinions
- Blessing v. Works.U.S. Circuit Court for the District of Southern New York · 1888
- State v. SullivanU.S. Circuit Court for the District of Western North Carolina · 1892
- Eclipse Manuf'g Co. v. AdkinsU.S. Circuit Court for the Northern District of Illnois · 1888
- Goebel v. American Railway Supply Co.U.S. Circuit Court for the District of Southern New York · 1893
- Heaton Peninsular Button-Fastener Co. v. Schlocht-MeyerU.S. Circuit Court for the District of Southern Ohio · 1895
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3Cited by4 opinions
- Luten v. Kansas City Bridge Co.Court of Appeals for the Eighth Circuit · 1922
- Gatch Wire Goods Co. v. W. A. Laid-Law Wire Co.Court of Appeals for the Seventh Circuit · 1939
- Towne Steering Wheel Co. v. LeeCourt of Appeals for the Ninth Circuit · 1912
- Covert v. Travers Bros. Co.U.S. Circuit Court for the District of Southern New York · 1899