Von Schmidt v. Bowers
Court of Appeals for the Ninth Circuit
Appeal from the Circuit Court of the United States for the Northern District of California. This was a suit in equity brought by Alphonzo B. Bowers against Allexey W. Von Schmidt to restrain infringement of letters patent No. 818,859, for ‘Dredging Machine,” and No. 355,251, for “Improvements in Hydraulic Dredging Machines,” both issued to Alphonzo B. Bowers,—the first on May 26, 1885, and the second on December 28, 1886. The lower court sustained both patents, and found…
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Appeal from the Circuit Court of the United States for the Northern District of California. This was a suit in equity brought by Alphonzo B. Bowers against Allexey W. Von Schmidt to restrain infringement of letters patent No. 818,859, for ‘Dredging Machine,” and No. 355,251, for “Improvements in Hydraulic Dredging Machines,” both issued to Alphonzo B. Bowers,—the first on May 26, 1885, and the second on December 28, 1886. The lower court sustained both patents, and found infringement of claims 10, 16, 25, 53, 54, and 59 of patent No. 318,859, and of claims 13, 17, and 18 of No. 355,251. 63…
1Opinion of the CourtRoss, Circuit Judge
(after stating the facts as above). This was a suit for the infringement of certain claims of certain letters patent. By his amended bill of complaint the complainant alleged that prior to December 9, 1876, he was the original and first inventor of certain new and useful inventions in dredging machines, machinery, and appliances, which were not known or used in this country, nor patented, nor described in any printed publication in this or any foreign country, prior to the inventions thereof by the complainant, nor had they been in public use or on sale in this country for two years prior to…
2Cases cited23 opinions
- Loom Co. v. HigginsSupreme Court of the United States · 1882
- Smith v. Goodyear Dental Vulcanite Co.Supreme Court of the United States · 1877
- Railway Co. v. SaylesSupreme Court of the United States · 1878
- Reckendorfer v. FaberSupreme Court of the United States · 1876
- Hailes v. Van WormerSupreme Court of the United States · 1874
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3Cited by13 opinions
- In re BooneU.S. Circuit Court for the District of Northern California · 1897
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- O'DONNELL v. United Shoe MacHinery CorporationDistrict Court, D. Massachusetts · 1933
- Bowers v. Pacific Coast Dredging & Reclamation Co.U.S. Circuit Court for the District of Northern California · 1900
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