Wright's Automatic Tobacco Packing Mach. Co. v. American Tobacco Co.
District Court, E.D. Virginia
In Equity. Suit by. Wright’s Automatic Tobacco Packing Machine Company against the American Tobacco Company. On final hearing. Decree for complainant. Bill in equity to enjoin infringement of patent, and to recover damages, and secure an accounting for profits.
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In Equity. Suit by. Wright’s Automatic Tobacco Packing Machine Company against the American Tobacco Company. On final hearing. Decree for complainant. Bill in equity to enjoin infringement of patent, and to recover damages, and secure an accounting for profits. The facts in this case are, briefly, that about the years 1892 or 1893, the complainant, who had secured the exclusive right to vend and sell the Rose machine, designed for making up tobacco into packets, and duly patented under the laws of Great Britain, caused one of the machines to be imported into this country and placed in the…
1Opinion of the CourtWaddill, District Judge
(after stating the facts as above). The following questions are apparently presented, for consideration; The validity of the patent in suit; whether there was infringement; whether there was such a breach of the contract to furnish machines on the part of the complainant as warranted the defendant in making the machines ; whether the circumstances under which defendant infringed complainant’s patent in making machines were such as would warrant the court in awarding damages and profits to the complainant, and in trebling the damages so awarded; whether an injunction should issue, the patent…
2Cases cited4 opinions
- Diamond Rubber Co. of New York v. Consolidated Rubber Tire Co.Supreme Court of the United States · 1911
- Railway Co. v. SaylesSupreme Court of the United States · 1878
- Underwood Typewriter Co. v. Elliott-Fisher Co.U.S. Circuit Court for the District of Southern New York · 1907
- American Diamond Rock Boring Co. v. SheldonUnited States Circuit Court · 1880
3Cited by3 opinions
- Gross v. NorrisCourt of Appeals for the Fourth Circuit · 1928
- King Mechanism & Engineering Co. v. Western Wheeled Scraper Co.Court of Appeals for the Seventh Circuit · 1932
- Gross v. FrankCourt of Appeals for the Fourth Circuit · 1923