Germain v. Wilgus
Court of Appeals for the Ninth Circuit
Appeal from the Circuit Court of the United States for the Southern District of California. This was a bill by Eugene Germain, Isaac B. Newton, and William H. Mitchell against Daniel Wilgus, for infringement of a patent granted to Clement Gauthier, July 17, 1888, for an improvement in atomizers. The circuit court sustained a demurrer to the bill for want of equity, and, complainants having declined to amend, entered a decree dismissing the bill. Complainants appeal.
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Appeal from the Circuit Court of the United States for the Southern District of California. This was a bill by Eugene Germain, Isaac B. Newton, and William H. Mitchell against Daniel Wilgus, for infringement of a patent granted to Clement Gauthier, July 17, 1888, for an improvement in atomizers. The circuit court sustained a demurrer to the bill for want of equity, and, complainants having declined to amend, entered a decree dismissing the bill. Complainants appeal. Appellants filed in the United States circuit court for the Southern district of California, Ninth circuit, a bill in equity…
1Opinion of the CourtKnowles, District Judge
(after stating the facts as above). One of the principal points urged against the bill of complaint herein is that it does not sufficiently describe the invention in the bill. It is urged that it should be so fully described as to apprise the court of its nature and character. Considering the allegations of the bill, we would be inclined to hold that the objection thereto was well taken, were it not for the fact that, in the bill, allegations of a profert of the letters patent under which appellants claim were made. It is true, a copy of such letters was not annexed to the bill. In Black’s…
2Cases cited9 opinions
- Root v. Railway Co.Supreme Court of the United States · 1882
- American Bell Tel. Co. v. Southern Tel. Co.United States Circuit Court · 1888
- Bogart v. HindsU.S. Circuit Court for the District of Southern New York · 1885
- Adams v. Bridgewater Iron Co.U.S. Circuit Court for the District of Massachusetts · 1886
- Brooks v. MillerU.S. Circuit Court for the District of Western Michigan · 1886
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3Cited by8 opinions
- Straus v. American Publishers' Ass'nCourt of Appeals for the Second Circuit · 1912
- Coca-Cola Co. v. Whistle Co. of AmericaDistrict Court, D. Delaware · 1927
- Wyckoff v. Wagner Typewriter Co.U.S. Circuit Court for the District of Southern New York · 1898
- Morris v. Texas Working Barrel Mfg. Co.Court of Appeals for the Fifth Circuit · 1926
- Paramino Lumber Co. v. MarshallDistrict Court, W.D. Washington · 1937
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