Legal Opinion

Allington & Curtis Manuf'g Co. v. Booth

Court of Appeals for the Second Circuit

Decided February 23, 1897PublishedCited by 10 opinions

Appeal from the Circuit Court of the United States for the District of Vermont. This was a suit in equity by the Allington & Curtis Manufacturing Company and the Knickerbocker Company against J. K. Booth for alleged infringement of certain patents for improvements in dust collectors. The circuit court granted a preliminary injunction (72 Fed. 772), and the defendant has appealed.

1Opinion of the Court

WALLACE, Circuit Judge.

This is an appeal from an order restraining' the defendant pendente lite from infringing the patents upon which the suit is founded. The patents are for improvements in dust-collecting machines, and their validity had been adjudicated nearly two years prior to the commencement of the present suit. Knickerbocker Co. v. Rogers, 61 Fed. 297. The complainants do not grant licenses, but manufacture and sell the machines. The defendant was a conspicuous infringer, (hough only a user of the patented machine. Before the present suit was brought, he had been notified of the…

2Cases cited2 opinions

  1. The Suffolk Company v. HaydenSupreme Court of the United States · 1866
  2. Knickerbocker Co. v. RogersDistrict Court, N.D. Illinois · 1894

3Cited by10 opinions

  1. Stearns-Roger Mfg. Co. v. BrownCourt of Appeals for the Eighth Circuit · 1902
  2. LC Page & Co. v. Fox Film CorporationCourt of Appeals for the Second Circuit · 1936
  3. Westinghouse Air-Brake Co. v. Great Northern Ry. Co.Court of Appeals for the Second Circuit · 1898
  4. Carver v. San Pedro, L. A. & S. L. R.U.S. Circuit Court for the District of Southern California · 1906
  5. Hilditch v. American Bumper CorporationDistrict Court, E.D. New York · 1926

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