Legal Opinion

Becker v. Miller Pasteurizing Mach. Co.

Court of Appeals for the Third Circuit

Decided March 5, 1917No. 2160Published

Appeal from the District Court of the United States for the Middle District of Pennsylvania; Charles B. Witmer, Judge. Suit in equity by the Miller Pasteurizing Machine Company against John J. Becker. Decree for complainant, and defendant appeals.

1Opinion of the Court

McPHERSON, Circuit Judge.

[1] The Miller Pasteurizing Machine Company is the owner of letters patent No. 921,837, issued to Hoefler and Schantz on May 18, 1909, and charges the defendant Becker with infringing the second claim. Without discussing the evidence, the District Judge held the claim to be valid and infringed, following a decision in the Western District of New York. Miller v. Rich (D. C.) 216 Fed. 192. As the record in that case was not offered in the court below, and has not been laid before us on appeal, we are left in a good deal of doubt concerning the weight it should receive.…

2Cases cited1 opinion

  1. Miller Pasteurizing Mach. Co. v. RichDistrict Court, W.D. New York · 1914

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