Knox Rock-Blasting Co. v. Rairdon Stone Co.
U.S. Circuit Court for the District of Southern Ohio
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
- Sharp v. ReissnerU.S. Circuit Court for the District of Southern New York · 1881
- Union Switch & Signal Co. v. Philadelphia & R. R.U.S. Circuit Court for the District of Eastern Pennsylvania · 1895
- Korn v. WiebuschU.S. Circuit Court for the District of Southern New York · 1887
- Hubbell v. De LandU.S. Circuit Court for the District of Eastern Wisconsin · 1882
- 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
- Miller & Lux v. RickeyDistrict Court, D. Nevada · 1903
- Arrott v. Standard Sanitary Mfg. Co.U.S. Circuit Court for the District of Western Pennsylvania · 1902
- Thresher v. General Electric Co.U.S. Circuit Court for the District of Northern New York · 1906
- Duntley Mfg. Co. v. Keller Mfg. Co.U.S. Circuit Court for the District of Eastern Pennsylvania · 1909