Norton v. Eagle Automatic Can Co.
District Court, N.D. California
This was a suit by Edwin Aorton and Oliver W. Aorton against the Eagle Automatic Can Company for infringement of letters patent Ao. 2(57,014, granted Aovember 7, .1882, to Edwin Aorton, for a can-heading machine.
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This was a suit by Edwin Aorton and Oliver W. Aorton against the Eagle Automatic Can Company for infringement of letters patent Ao. 2(57,014, granted Aovember 7, .1882, to Edwin Aorton, for a can-heading machine. A preliminary injunction was heretofore granted (57 Fed. 929), mainly upon the strength of the decision of the circuit court of appeals, sustaining the patent, in Norton v. Jensen, 1 C. C. A. 452, 49 Fed. 859, and afterwards defendant was adjudged guilty of contempt in violating the same (59 Fed. 137).
1Opinion of the Court
HAWLEY, District Judge.
The defendant moves the court to dissolve the temporary injunction heretofore granted (57 Fed. 929), upon the ground of newly-discovered evidence material to the issues herein, which it claims is of such a character as, if it: had been before the court at the former hearing, would have justified the court in refusing to grant the injunction. The new evidence relied upon is: (1) The affidavits of W. J. (Hark and J. S. Hull in relation to letters patent Ao. 238,351, dated Mareh 1, 1881, to William J. Clark, for a can-heading machine, to tiie effect that said Clark, in the…
2Cases cited12 opinions
- Cochrane v. DeenerSupreme Court of the United States · 1877
- Norton v. JensenCourt of Appeals for the Ninth Circuit · 1892
- Edison Electric Light Co. v. Beacon Vacuum Pump & Electrical Co.U.S. Circuit Court for the District of Massachusetts · 1893
- Page v. Holmes Burglar Alarm Telegraph Co.U.S. Circuit Court for the District of Southern New York · 1880
- Edison Electric Light Co. v. Electric Manuf'g Co.U.S. Circuit Court for the District of Eastern Wisconsin · 1893
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3Cited by1 opinion
- Ford v. TaylorU.S. Circuit Court for the District of Nevada · 1905