Boston & R. Electric St. Ry. Co. v. Bemis Car-Box Co.
Court of Appeals for the First Circuit
Appeal from the Circuit Court of the United States for the District of Massachusetts. This was a suit in equity to enjoin the alleged infringement of letters patent No. 239,702, issued April 5, 1881, to Sumner A. Bemis, for a car axle box, and No. 330,372, also to said Bemis, November 17, 1885, for a car wheel and axle box.
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Appeal from the Circuit Court of the United States for the District of Massachusetts. This was a suit in equity to enjoin the alleged infringement of letters patent No. 239,702, issued April 5, 1881, to Sumner A. Bemis, for a car axle box, and No. 330,372, also to said Bemis, November 17, 1885, for a car wheel and axle box. The circuit court entered a decree for complainant under the first patent, but found that respondent did not infringe the second one. 75 Fed. 403. From this decree the defendant has appealed.
1Opinion of the Court
PUTNAM, Circuit Judge.
The controversy in this case is over claim 1 of a patent issued to Sumner A. Bemis, on April 5, 1881, and the claim was. sustained and held infringed by the court below. The appeal is from the usual interlocutory decree for an injunction and an account, entered on a hearing of the cause on bill, answer, and proofs. The complainant below (now the appellee) assures us that its device has proved in practice completely effective; but we do not find the evidence of this in the record, nor do we find any proofs showing to what extent it has been used, or the patent publicly…
2Cases cited3 opinions
- Reece Button-Hole Ma. Co. v. Globe Button-Hole Ma. Co.Court of Appeals for the First Circuit · 1894
- Ball & Socket Fastener Co. v. Ball Glove Fastening Co.Court of Appeals for the First Circuit · 1893
- Long v. Pope Manuf'g Co.Court of Appeals for the First Circuit · 1896
3Cited by11 opinions
- Beach v. HobbsU.S. Circuit Court for the District of Massachusetts · 1897
- Bemis Car Box Co. v. J. G. Brill Co.Court of Appeals for the Third Circuit · 1912
- Heap v. Tremont & Suffolk MillsCourt of Appeals for the First Circuit · 1897
- Bradford v. Belknap Motor Co.U.S. Circuit Court for the District of Maine · 1900
- Bates v. KeithU.S. Circuit Court for the District of Massachusetts · 1897
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