W. W. Sly Mfg. Co. v. Central Iron Works
Court of Appeals for the Seventh Circuit
Appeal from the Circuit Court of the United States for the Southern Division of the Southern District of Illinois; J. Otis Humphrey, Judge. Suit in equity by the W. W. Sly Manufacturing Company against the Central Iron Works. Decree for defendant, and complainant appeals. .' The bill was dismissed for want of equity jurisdiction, and complainant appeals. It is a suit brought December 12, 1910, on two patents, one having '56 days to run, and the other several years.
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Appeal from the Circuit Court of the United States for the Southern Division of the Southern District of Illinois; J. Otis Humphrey, Judge. Suit in equity by the W. W. Sly Manufacturing Company against the Central Iron Works. Decree for defendant, and complainant appeals. .' The bill was dismissed for want of equity jurisdiction, and complainant appeals. It is a suit brought December 12, 1910, on two patents, one having '56 days to run, and the other several years. Defendant ivas charged with infringing the claims of patent No. 514,097, expiring February 6, 1911, and the single claim of…
1Opinion of the Court
SANBORN, District
Judge (after stating'the facts as'above), [1] The ground upon which the bill was dismissed is thus stated in the brief for appellee:
“The court below became convinced that appellant was not entitled to equitable relief by way of a preliminary injunction, and that it could not, under the usage and practice of courts of equity, properly assume jurisdiction of the cause, especially as to claim 1 of patent 514,097, with which the remaining claims of said patent and patent 708,313 were inseparably joined by the thirteenth paragraph of the bill, so that, if the court could not…
2Cases cited3 opinions
- Clark v. WoosterSupreme Court of the United States · 1886
- Babcock v. FarwellIllinois Supreme Court · 1910
- Chicago Title & Trust Co. v. NewmanCourt of Appeals for the Seventh Circuit · 1911
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- King Mechanism & Engineering Co. v. Western Wheeled Scraper Co.Court of Appeals for the Seventh Circuit · 1932
- Stromberg Motor Devices Co. v. Holley Bros. Co.District Court, E.D. Michigan · 1919
- American Sulphite Pulp Co. v. Hinckley Fibre Co.District Court, N.D. New York · 1914
- Lathrop v. Rice & Adams Corp.District Court, W.D. New York · 1925