Legal Opinion

Imperial Machine & Foundry Corp. v. United States

United States Court of Claims

Decided May 9, 1927No. C-320Published

1Opinion of the CourtGraham, Judge

This is a suit to recover damages for infringement of the plaintiff’s patents by the defendant. The claim is based upon the purchase and use of machines which infringed these *495patents. There are two questions for present purposes to be passed upon, viz, the validity of the patents, and the infringement thereof by the defendant by purchase and use.

Under the practice of this court the question of the amount of damages was postponed, no evidence to be taken thereon until these two question^ have been disposed of; that is to say, if the court should decide the two questions in the affirmative, the…

2Cases cited6 opinions

  1. Cheatham Electric Switching Device Co. v. Transit Development Co.U.S. Circuit Court for the District of Eastern New York · 1911
  2. Imperial Machine & Foundry Corp. v. American Machinery Co.District Court, S.D. New York · 1921
  3. American Fruit Machinery Co. v. Robinson Mach. Co.Court of Appeals for the Third Circuit · 1911
  4. Imperial Mach. Co. v. ReesDistrict Court, S.D. New York · 1919
  5. Imperial Machine Co. v. JacobusDistrict Court, S.D. New York · 1914

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