Legal Opinion

McRoskey v. Braun Mattress Co.

Court of Appeals for the Ninth Circuit

Decided November 3, 1939No. 8971PublishedCited by 18 opinions

1Opinion of the Court

MATHEWS, Circuit Judge.

This was an action at law by appellant, Edward L. • McRoskey, against appellee, Braun Mattress Company, to recover damages fbr alleged infringement of two patents (Nos. 1,931,202 and 1,977,856) 1 owned by appellant. Appellee was alleged to have infringed both patents by using a machine alleged to have been purchased by it from Droll Patents Corporation, of Chicago, Illinois. Defenses were (1) that the patents are invalid, and (2) that, if valid, they were not infringed. At the close of all the evidence, appellee moved for and obtained a directed verdict in its favor.…

2Cases cited10 opinions

  1. Coupe v. RoyerSupreme Court of the United States · 1895
  2. Singer Manufacturing Co. v. CramerSupreme Court of the United States · 1904
  3. United States v. Esnault-PelterieSupreme Court of the United States · 1936
  4. Battin v. TaggertSupreme Court of the United States · 1854
  5. Black Diamond Coal Mining Co. v. Excelsior Coal Co.Supreme Court of the United States · 1895

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3Cited by18 opinions

  1. Bryan W. Nickerson, Jr. v. The Bearfoot Sole Company, Inc., the Bearfoot Airway Corporation,defendants-AppellantsCourt of Appeals for the Sixth Circuit · 1963
  2. Himes v. ChadwickCourt of Appeals for the Ninth Circuit · 1952
  3. Lockwood v. Langendorf United Bakeries, Inc.Court of Appeals for the Ninth Circuit · 1963
  4. Oregon Saw Chain Corporation, a Corporation v. McCulloch Motors Corporation, a CorporationCourt of Appeals for the Ninth Circuit · 1963
  5. Carl Braun, Inc. v. Kendall-Lamar Corp.Court of Appeals for the Second Circuit · 1941

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