Clark v. Johnson
Court of Appeals for the Seventh Circuit
Appeal from the Circuit Court of the United States for the District of Indiana. Suit in equity by Albert C. Clark against George E. Johnson, R. E. Hunter, Elizabeth E. Chapin, administratrix of A. A. Chapin, deceased, and W. P. Denny. From final decree, complainant appeals.
Read the full summary
Appeal from the Circuit Court of the United States for the District of Indiana. Suit in equity by Albert C. Clark against George E. Johnson, R. E. Hunter, Elizabeth E. Chapin, administratrix of A. A. Chapin, deceased, and W. P. Denny. From final decree, complainant appeals. On March 14, .1902, appellees were adjudges! to have infringed claims 1, 2, Í*, and 4 of letters imtent, reissue No. 11,096, granted September 27, 1898, to F. Hurlbut, and duly assigned to appellant, hereinafter termed complainant (original No. 568,661, granted July 7, 1896), for a dental spittoon. An injunction was issued…
1Opinion of the CourtKohesaat, Circuit Judge
(after stating the facts as above). On the hearing of this cause before the Circuit Court, as here, defendants invoke the first clause of the rule as to accounting laid .down in Garretson v. Clark, 111 U. S. 120, 4 Sup. Ct. 291, 28 L. Ed. 371, both parts of which provide that:
“The patentee must in every case give evidence tending to separate or apportion the defendant’s profits and the patentee’s damages between the patented feature and the unpatented features, and such evidence must he reliable and tangible, and not conjectural or speculative; or he must show by equally reliable and…
2Cases cited11 opinions
- Elizabeth v. Pavement Co.Supreme Court of the United States · 1878
- Garretson v. ClarkSupreme Court of the United States · 1884
- Mowry v. WhitneySupreme Court of the United States · 1871
- Crosby Steam Gage & Valve Co. v. Consolidated Safety Valve Co.Supreme Court of the United States · 1891
- Philp v. NockSupreme Court of the United States · 1873
6 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- National Rejectors, Inc. v. A. B. T. Mfg. Corp. (Two Cases)Court of Appeals for the Seventh Circuit · 1951
- W. H. Miner, Inc. v. Peerless Equipment Co.Court of Appeals for the Seventh Circuit · 1940