Legal Opinion

Simmons Mfg. Co. v. Kinney-Rodier Co.

Court of Appeals for the Seventh Circuit

Decided January 23, 1915No. 2118Published

Appeal from the District Court of the United States for the Eastern Division of the Northern District of Illinois; Arthur E. Sanborn, Judge. Suit in equity by the Simmofts Manufacturing Company against the Kinney-Rodier Company, Frank W. Kinney, and F. E-. Williams. Decree for defendants, and complainant appeals.

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Appeal from the District Court of the United States for the Eastern Division of the Northern District of Illinois; Arthur E. Sanborn, Judge. Suit in equity by the Simmofts Manufacturing Company against the Kinney-Rodier Company, Frank W. Kinney, and F. E-. Williams. Decree for defendants, and complainant appeals. Complainant, assignee of John F. Gail, the grantee in letters patent 639,223 fepr “Improvements in Spring Beds and Seat Bottoms,” filed its bill charging defendants with infringement. The court below held the patent void, and this appeal is from a decree dismissing the bill.

1Opinion of the Court

GFJGER, District Judge.

Gail’s improvement relates to bed bottoms formed by using vertically disposed spiral springs extending in rows in which they are held within and upon a frame by wire tic and keyrods. The patent has been before the courts (Simmons Manufacturing Company v. Southern Spring Bed Co. [C. C.] 131 Fed. 278; Id. [C. C. A., Fifth Circuit], 140 Fed. 606, 72 C. C. A. 174) in which latter volume may be found a description and an illustration of the structure. These courts, trial and appellate, while strongly intimating invalidity, relieved the defendant therein from the charge of…

2Cases cited2 opinions

  1. Simmons Mfg. Co. v. Southern Spring Bed Co.Court of Appeals for the Fifth Circuit · 1905
  2. Simmons Mfg. Co. v. Southern Spring Bed Co.U.S. Circuit Court for the Northern District of Georgia · 1904

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