F. C. Austin Mfg. Co. v. American Wellworks
Court of Appeals for the Seventh Circuit
Appeal from the Circuit Court of the United States for the Northern District of Illinois. This appeal is brought by the defendant, F. C. Austin Manufacturing Company, from a preliminary injunction granted upon bill filed by the American Wellworks, as complainant, alleging infringement by the defendant of certain claims of letters patent No. 382,689, issued May 15, 1888, to Matthew T. Chapman, for “apparatus for sinking wells.”
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Appeal from the Circuit Court of the United States for the Northern District of Illinois. This appeal is brought by the defendant, F. C. Austin Manufacturing Company, from a preliminary injunction granted upon bill filed by the American Wellworks, as complainant, alleging infringement by the defendant of certain claims of letters patent No. 382,689, issued May 15, 1888, to Matthew T. Chapman, for “apparatus for sinking wells.” No infringement is asserted in the well boring and sinking machinery used by the defendant, except in its device for clamping and sinking the well tubing, which is…
1Opinion of the CourtSeaman, District Judge
(after stating the facts as above). The only question for review on this appeal is whether the discretion of the trial court was improvidently exercised in granting the preliminary injunction. Welsbach Light Company v. Cosmopolitan Incandescent Light Company, 43 C. C. A. 418, 104 Fed. 83, 85; United States Gramophone Company v. Seaman, 51 C. C. A. 419, 113 Fed. 745, 749; Stearns-Roger Mfg. Company v. Brown, 52 C. C. A. 559, 114 Fed. 939, 941.
In the record below, strong grounds were presented for the relief sought, if infringement appeared. Not only had the validity of the patent and of the…
2Cases cited15 opinions
- Topliff v. TopliffSupreme Court of the United States · 1892
- Sewall v. JonesSupreme Court of the United States · 1875
- Stearns-Roger Mfg. Co. v. BrownCourt of Appeals for the Eighth Circuit · 1902
- Electric Manuf'g Co. v. Edison Electric Light Co.Court of Appeals for the Seventh Circuit · 1894
- National Cash Register Co. v. Boston Cash Indicator & Recorder Co.Supreme Court of the United States · 1895
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- Cutler-Hammer Mfg. Co. v. Union Electric Mfg. Co.U.S. Circuit Court for the District of Eastern Wisconsin · 1906
- McMillan v. Fischer Auto Bed & Camp Co.District Court, W.D. Washington · 1920