Busch v. Jones
Supreme Court of the United States
APPEAL FROM THE COURT OF APPEALS OF THE DISTRICT OF COLUMBIA. This suit was brought by appellees against appellant for the infringement of letters patent No. 204,741, and letters patent No. 452,898, issued to Joshua W. Jones, one of the appellees.
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APPEAL FROM THE COURT OF APPEALS OF THE DISTRICT OF COLUMBIA. This suit was brought by appellees against appellant for the infringement of letters patent No. 204,741, and letters patent No. 452,898, issued to Joshua W. Jones, one of the appellees. An accounting was prayed, and also an injunction, pending the suit. ’ The bill contained the usual allegations of invention and utility, and of infringement by the defendant (appellant). The answer traversed those allegations, and alleged prior use, disclosure of the invention in prior publications, and also anticipar tion by prior devices and…
1Opinion of the CourtJustice McKenna
1. A question of jurisdiction is raised. It is contended by appellant that the case was not one of equitable cognizance, the appellees’ remedy being, it is claimed, at law. The specification of error tipon which the contention is based is expressed as follows:
“ Because at the time of the hearing it appeared from the ' record that the only patent before the court had expired before the hearing, no motion for preliminary injunction having been made prior to the expiration of the patent, and defendant being a mere user of one machine, which machine was destroyed by fire before the case was…
2Cases cited3 opinions
- Risdon Iron & Locomotive Works v. MedartSupreme Court of the United States · 1895
- Clark v. WoosterSupreme Court of the United States · 1886
- Beedle v. BennettSupreme Court of the United States · 1887
3Cited by36 opinions
- Geddes v. Anaconda Copper Mining Co.Supreme Court of the United States · 1921
- Dawson v. Kentucky Distilleries & Warehouse Co.Supreme Court of the United States · 1921
- Rice & Adams Corp. v. LathropSupreme Court of the United States · 1929
- Jefferson Standard Life Ins. v. KeetonCourt of Appeals for the Fourth Circuit · 1923
- Powell v. Mutual Life Insurance Co. of New YorkIllinois Supreme Court · 1924
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