Underwood Typewriter Co. v. Fox Typewriter Co.
Court of Appeals for the Sixth Circuit
Appeals from the District Court of the United States for the Southern Division of the Western District of Michigan; Knappen and Sessions, Judges. Suit in equity by the Underwood Typewriter Company against the Fox Typewriter Company. Decree for complainant, from which defendant appeals; and complainant appeals from final decree awarding only nominal damages.
1Opinion of the Court
SATER, District Judge.
[1] In the first of these cases the plaintiff' appeals on account of the alleged insufficiency of the recovery decreed it below on an accounting for profits and damages; in the second the appellant (defendant below) appeals from the same decree, and also from that adjudging it an infringer. The primary question is: Did the defendant infringe claims 4 and 6 of patent No. 436,916, granted September 23, 1890, and claims 6 and 8 of patent No. 452,268, granted May 12, 1891, both of which were issued to Gathright and are owned by the plaintiff.
The object of Gathright’s first…
2Cases cited29 opinions
- Elizabeth v. Pavement Co.Supreme Court of the United States · 1878
- Tilghman v. ProctorSupreme Court of the United States · 1888
- Westinghouse Electric & Manufacturing Co. v. Wagner Electric & Manufacturing Co.Supreme Court of the United States · 1912
- Garretson v. ClarkSupreme Court of the United States · 1884
- Sessions v. RomadkaSupreme Court of the United States · 1892
24 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- MacBeth-evans Glass Co. v. L. E. Smith Glass Co.Court of Appeals for the Third Circuit · 1927
- Fox Typewriter Co. v. Underwood Typewriter Co.Court of Appeals for the Sixth Circuit · 1923
- Bush & Lane Piano Co. v. Becker Bros.Court of Appeals for the Second Circuit · 1916