Underwood Typewriter Co. v. E. C. Stearns & Co.
Court of Appeals for the Second Circuit
Appeal from the District Court of the United States for the Southern District of New York. Suit in equity by the Underwood Typewriter Company against E. C.. Stearns & Co. and the Typewriter Inspection Company. From the decree, complainant appeals. This cause coines here on appeal from a final decree entered on November 3, 1913, in tbe United States District Court for tho Southern District of New York. The Underwood.
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Appeal from the District Court of the United States for the Southern District of New York. Suit in equity by the Underwood Typewriter Company against E. C.. Stearns & Co. and the Typewriter Inspection Company. From the decree, complainant appeals. This cause coines here on appeal from a final decree entered on November 3, 1913, in tbe United States District Court for tho Southern District of New York. The Underwood. Typewriter Company is a corporation organized and existing under the laws of the state of New York, and is the owner of United States letters patent No. 438,916, issued on…
1Opinion of the CourtRogers, Circuit Judge
(after stating the facts as above). There is no question of infringement involved here. It is not disputed that the Stearns visible typewriters, provided with what' are known as tabulating attachments, infringe the Underwood typewriters. The matter we have to consider is the right of the Underwood Typewriter Company to recover from the defendants profits and damages, because of this established fact of infringement. An interlocutory decree was entered on April 20, 1908, referring the matter to a master to take and state an account of the profits and damages as to letters patent No. 436,916;…
2Cases cited14 opinions
- Elizabeth v. Pavement Co.Supreme Court of the United States · 1878
- Topliff v. TopliffSupreme Court of the United States · 1892
- Tilghman v. ProctorSupreme Court of the United States · 1888
- Dowagiac Manufacturing Co. v. Minnesota Moline Plow Co.Supreme Court of the United States · 1915
- Westinghouse Electric & Manufacturing Co. v. Wagner Electric & Manufacturing Co.Supreme Court of the United States · 1912
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3Cited by16 opinions
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- Rockwood v. General Fire Extinguisher Co.Court of Appeals for the Second Circuit · 1930
- Sid & Marty Krofft Television Productions, Inc. And Sid & Marty Krofft Productions, Inc. v. McDonald Corporation and Needham, Harper & Steers, Inc., Defendants- Sid & Marty Krofft Television Productions, Inc. And Sid & Marty Krofft Productions, Inc. v. McDonald Corporation and Needham, Harper & Steers, Inc., DefendantsCourt of Appeals for the Ninth Circuit · 1977
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