J. F. Rowley Co. v. Columbus Pharmacal Co.
Court of Appeals for the Sixth Circuit
Appeal from the District Court of the United States for the Eastern Division of the Southern District of Ohio; John E. Safer, Judge. Suit in equity by the J. F. Rowley Company against the Columbus Pharmacal Company. Decree for defendant, and complainant appeals.
1Opinion of the Court
DENISON, Circuit Judge.
In this infringement suit, based on patent No. 644,464, issued February 27, 1900, to Rowley, for an “artificial limb suspender,” the court below, assuming the validity of the patent, thought the claims must be so limited that there would be no infringement, and dismissed the bill. The plaintiff below, the owner of the patent, appeals.
While the ultimate disposition of the case must depend upon the construction of the claim in respect to an express limitation found therein, this in turn depends in part upon the advance which Rowley made over existing knowledge; and the…
2Cases cited3 opinions
- Herman v. Youngstown Car Mfg. Co.Court of Appeals for the Sixth Circuit · 1911
- Davis Sewing Mach. Co. v. New Departure Mfg. Co.Court of Appeals for the Sixth Circuit · 1914
- Rowley v. KoeberU.S. Circuit Court for the Northern District of Illnois · 1903
3Cited by7 opinions
- Freeman v. AltvaterCourt of Appeals for the Eighth Circuit · 1933
- Bassick Mfg. Co. v. Ready Auto Supply Co.District Court, E.D. New York · 1927
- Clipper Belt Lacer Co. v. E-W Co.Court of Appeals for the Sixth Circuit · 1916
- J. E. Hanger. Inc. v. J. F. Rowley Co.Court of Appeals for the D.C. Circuit · 1924
- Premier Register Table Co. v. WestDistrict Court, D. Massachusetts · 1927
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