Van Epps v. International Paper Co.
U.S. Circuit Court for the District of Northern New York
This is a ft action at law for the recovery of damages alleged to have been sustained by the plaintiff by the use by defendant of a number of wood pulp screens manufactured and sold to defendant by one Darwin B. Gotham under his patents (as he claims) Nos. 511,770 and 530,586, and which are alleged to infringe claims 1 and 2 of letters patent to Edmund Victory, plaintiff’s intestate, No. 417,451, dated December 17, 1889, application filed April 19, 1889.
1Opinion of the Court
RAY, District Judge.
The action was commenced by Edmund Victory, and, he having died, the suit was continued in the name of his administratrix. The defendant admits the purchase and use *543of 85 pulp-screening machines alleged to infringe claims 1 and 2 of a patent granted to Edmund Victory, No. 417,451, dated December 17, 1889. The defendant is not a wood pulp screen manufacturer, but merely owns and uses these machines to carry on its pulp business. On the final hearing the only defenses relied on were non-infringement and that plaintiff’s patent is invalid by reason of the alleged fact that it…
2Cases cited1 opinion
- Birdsell v. ShaliolSupreme Court of the United States · 1884
3Cited by2 opinions
- Van Epps v. United Box Board & Paper Co.U.S. Circuit Court for the District of Northern New York · 1905
- Meccano, Ltd. v. John Wanamaker, New YorkCourt of Appeals for the Second Circuit · 1918