Legal Opinion
Linville v. Milberger
District Court, D. Kansas
Decided October 1, 1928No. 883-NPublishedCited by 8 opinions
1Opinion of the Court
MeDERMOTT, District Judge.
This action is one for infringement of letters patent, in which an injunction and an accounting, with treble damages, are asked; there are also allegations of unfair trade, for which damages are asked. The accounting and the issue as to unfair trade were reserved until the underlying question of the validity of the patent is determined. The defenses are the usual ones of noninfringement and lack of patentability. A trial was had to the court. The case has been exhaustively and capably briefed, and now comes on for decision.
No time need be spent on several matters;…
2Cases cited31 opinions
- Eibel Process Co. v. Minnesota & Ontario Paper Co.Supreme Court of the United States · 1923
- McClain v. OrtmayerSupreme Court of the United States · 1891
- Smith v. Goodyear Dental Vulcanite Co.Supreme Court of the United States · 1877
- White v. DunbarSupreme Court of the United States · 1886
- Dolbear v. American Bell Telephone CompanySupreme Court of the United States · 1888
26 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Williams Iron Works Co. v. Hughes Tool Co.Court of Appeals for the Tenth Circuit · 1940
- Steiner Sales Co. v. Schwartz Sales Co.Court of Appeals for the Tenth Circuit · 1938
- Linville v. MilbergerCourt of Appeals for the Tenth Circuit · 1929
- Long v. Arkansas Foundry Co.District Court, E.D. Arkansas · 1956
- Finnerty v. WallenDistrict Court, N.D. California · 1948
3 more not listed; retrieve them via the Exa API.