Lane v. Welds
Court of Appeals for the Sixth Circuit
Appeal from tne Circuit Court of the United States for the Eastern District of Michigan. This is a bill brought to restrain infringement of letters patent No. 316,458, issued March 31, 1885, to one W. Hewitt, which has been assigned to the complainants, and letters patent No. 518,506, issued April 17, 1804, to J. and G. Lane, the complainants below and appellants here. Both patents are for improvements in wire fences.
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Appeal from tne Circuit Court of the United States for the Eastern District of Michigan. This is a bill brought to restrain infringement of letters patent No. 316,458, issued March 31, 1885, to one W. Hewitt, which has been assigned to the complainants, and letters patent No. 518,506, issued April 17, 1804, to J. and G. Lane, the complainants below and appellants here. Both patents are for improvements in wire fences. The hill avers that the validity of the patents and the fact of infringement is res adjudicata by reason of a decree in a former suit upon the same patents, between complainants…
1Opinion of the CourtLxjbtox, Circuit Judge
1. The decree against Price, establishing the validity of the two patents upon which this suit is brought, does not estop the present defendants from challenging the validity of those patents. Defendants were not parties or privies to that suit, and had no direct interest therein. B. A. Weld, one of the defendants, was the patentee of a fence-making machine, which was capable of making many different kinds of wire and wire and slat fences. The patentee, or the firm of which he was a member, it does not clearly appear which, sold to-one Price one of the Weld fence machines. They also sold him…
2Cases cited10 opinions
- McClain v. OrtmayerSupreme Court of the United States · 1891
- Brady v. BradySupreme Court of Georgia · 1883
- Dueber Watch-Case Manuf'g Co. v. RobbinsCourt of Appeals for the Sixth Circuit · 1896
- Schroeder v. LahrmanSupreme Court of Minnesota · 1879
- Cramer v. Singer Mfg. Co.Court of Appeals for the Ninth Circuit · 1899
5 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Penfield v. C. & A. Potts & Co.Court of Appeals for the Sixth Circuit · 1903
- Dowagiac Mfg. Co. v. Superior Drill Co.Court of Appeals for the Sixth Circuit · 1902
- Goodyear Tire & Rubber Co. v. Rubber Tire Wheel Co.Court of Appeals for the Sixth Circuit · 1902
- S. S. Kresge Co. v. Winget Kickernick Co.Court of Appeals for the Eighth Circuit · 1938
- Foote v. Parsons Non-Skid Co.Court of Appeals for the Sixth Circuit · 1912
22 more not listed; retrieve them via the Exa API.