Rogers Typographic Co. v. Mergenthaler Linotype Co.
U.S. Circuit Court for the District of New Jersey
In Equity. Bill by the Rogers Typographic Company against the Mergenthaler Linotype Company for infringement of letters patent Xo. 474,306, issued May 3, 1892, to Jacob W. Schuckers for “improvements in mechanism for justifying composed lines of type.” Heard on motion for a preliminary injunction.
1Opinion of the Court
ACHESObf, Circuit Judge.
The patent in suit is of recent date, having been granted on May 3, 1892. Acquiescence in its claims by the public cannot he asserted upon the evidence. It has not been the subject of judicial decision. True, in the interference proceedings between Schuckers and Mergenthaler, the concurrent judgment of the examiner of interferences, the examiner in chief, and the commissioner of patents was in favor of "Schuckers upon the question of priority of invention; and this might well be deemed good ground for the allowance of a preliminary injunction were that the only…
2Cases cited2 opinions
- Dickerson v. De la Vergne Refrigerating Machine Co.U.S. Circuit Court for the District of Southern New York · 1888
- Ironclad Manuf'g Co. v. Jacob J. Vollrath Manuf'g Co.U.S. Circuit Court for the District of Eastern Wisconsin · 1892
3Cited by3 opinions
- Reed Mfg. Co. v. Smith & Winchester Co.Court of Appeals for the Second Circuit · 1901
- Long Arm System Co. v. New York Shipbuilding Co.U.S. Circuit Court for the District of New Jersey · 1905
- Rogers Typograph Co. v. Mergenthaler Linotype Co.Court of Appeals for the Third Circuit · 1894