Kaiser v. Bortel
U.S. Circuit Court for the District of Northern New York
In Equity. On demurrer to bill of complaint in suit for infringement of two patents on the grounds there are two separate and distinct causes of action stated, and that all the parties complainant are not interested in both, that there is a misjoinder of parties complainant, and the bill does not charge conjoint use of device of both patents by the defendants in one and the same structure.
1Opinion of the Court
RAY, District Judge.
Lipman ICaiser, complainant, is “the sole owner of all rights and privileges granted and secured or intended to be granted and secured by said letters patent” viz., patent to Rug-giero and Bongiorno for ‘TIorn for phonographs or similar machines,” *903No. 770,034, 'dated Sept. 13, 1904. The complainant Alfred R. Cun-nius is the owner of a one half interest in letters patent issued to him March 7, 1905, for “Trumpet for talking-machines,” No. 784,385, and he has assigned the other half interest therein to the complainant Kaiser. The suit is for infringement of both letters…
2Cases cited9 opinions
- Hayes v. DaytonU.S. Circuit Court for the District of Southern New York · 1880
- Chisholm v. JohnsonU.S. Circuit Court for the District of Delaware · 1901
- North v. KershawU.S. Circuit Court for the District of Southern New York · 1857
- Huber v. Myers Sanitary DepotU.S. Circuit Court for the District of Southern New York · 1888
- Daimler Mfg. Co. v. ConklinU.S. Circuit Court for the District of Southern New York · 1906
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3Cited by2 opinions
- Low v. McMasterDistrict Court, E.D. Pennsylvania · 1919
- Robinson v. Chicago Rys. Co.Court of Appeals for the Seventh Circuit · 1909