Legal Opinion

Knox Rock-Blasting Co. v. Rairdon Stone Co.

U.S. Circuit Court for the District of Southern Ohio

Decided June 21, 1898PublishedCited by 4 opinions

This was a suit in equity by the Knox Rock-Blasting Company against the Rairdon Stone Company for alleged infringement of a, paten t. The cause was heard on motion to strike from the files a plea to the bill.

1Opinion of the Court

SEVEREKS, District Judge.

The motion to strike the defendant’s plea from the files must be sustained. To a bill in the usual form, charging infringement of a patent, the defendant pleads that during a certain period the patented device was experimented with by the defendant by consent of the complainant, and that with respect to other occasions it did not infringe. A plea should, state some single objection to the plaintiff’s case which would be a complete defense either to the whole bill or to some distinct part of it. This plea does neither, but consists of matter which would be a defense…

2Cases cited6 opinions

  1. Sharp v. ReissnerU.S. Circuit Court for the District of Southern New York · 1881
  2. Union Switch & Signal Co. v. Philadelphia & R. R.U.S. Circuit Court for the District of Eastern Pennsylvania · 1895
  3. Korn v. WiebuschU.S. Circuit Court for the District of Southern New York · 1887
  4. Hubbell v. De LandU.S. Circuit Court for the District of Eastern Wisconsin · 1882
  5. Mercantile Trust Co. v. Missouri, K. & T. Ry. Co.U.S. Circuit Court for the District of Southern New York · 1898

1 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Miller & Lux v. RickeyDistrict Court, D. Nevada · 1903
  2. Arrott v. Standard Sanitary Mfg. Co.U.S. Circuit Court for the District of Western Pennsylvania · 1902
  3. Thresher v. General Electric Co.U.S. Circuit Court for the District of Northern New York · 1906
  4. Duntley Mfg. Co. v. Keller Mfg. Co.U.S. Circuit Court for the District of Eastern Pennsylvania · 1909

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API