Legal Opinion

Smart v. Wright

Court of Appeals for the Eighth Circuit

Decided September 7, 1915No. 4455PublishedCited by 20 opinions

Appeal from the District Court of the United States for the District of Minnesota; Page Morris, Judge. Suit in equity by Harry G. Smart against Frank M. Wright. Decree for defendant, and complainant appeals.

1Opinion of the Court

YOUMANS, District Judge.

Appellant brought suit in the court below against appellee for'the alleged infringement of reissued letters patent, of date June 17, 1913, No-. 13,579, as a reissue of letters patent No. 956,207, dated April 26, 1910. The subject of the original and reissued letters patent was alleged to be a new and useful improvement in tie plug machines.

The answer sets up six defenses: (1) That the appellee, and not the appellant, was the original inventor of tire tie plug machine forming the subject-matter of tire patent alleged to be infringed. (2) That appellee manufactured and…

Also in this document: Concurrence.

2Cases cited10 opinions

  1. MacHine Co. v. MurphySupreme Court of the United States · 1878
  2. Reckendorfer v. FaberSupreme Court of the United States · 1876
  3. Christie v. SeyboldCourt of Appeals for the Sixth Circuit · 1893
  4. Ottumwa Box Car Loader Co. v. Christy Box Car Loader Co.Court of Appeals for the Eighth Circuit · 1914
  5. Caverly v. DeereCourt of Appeals for the Seventh Circuit · 1895

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3Cited by20 opinions

  1. Pannu v. Iolab Corp.Court of Appeals for the Federal Circuit · 1998
  2. Pointer v. Six Wheel CorporationCourt of Appeals for the Ninth Circuit · 1949
  3. Stoody Co. v. Mills Alloys, Inc.Court of Appeals for the Ninth Circuit · 1933
  4. Larson v. CrowtherCourt of Appeals for the Eighth Circuit · 1928
  5. Shell Development Co. v. Pure Oil Co.District Court, District of Columbia · 1953

15 more not listed; retrieve them via the Exa API.

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