Emerson & Norris Co. v. Simpson Bros. Corp.
Court of Appeals for the First Circuit
Appeal from the Circuit Court of the United States for the District of Massachusetts; Clarence Hale, Judge. Suit in equity by Emerson & Norris Company against Simpson Bros. Corporation, and same against’ the Structural Cement Stone Company. Decrees for defendants, and complainant appeals.
1Opinion of the Court
PUTNAM, Circuit Judge.
These suits were proceedings on alleged infringements of a patent, for invention, and the bills were dismissed, and these appeals taken to us by the complainant below. We find it necessary to consider only one question.
The substantial defense is anticipation, first by reference to the general use of sand molds, as to which all we need say is that it is not in the same art, as this patent relates only to artificial stone; and the alleged anticipatory publications were not within the strict rules laid down by Walker on Patents (4th Ed.) § 57, which we have several times…
2Cases cited7 opinions
- Morgan v. DanielsSupreme Court of the United States · 1894
- Maxwell Land-Grant CaseSupreme Court of the United States · 1887
- United States v. American Bell Telephone Co.Supreme Court of the United States · 1897
- Brooks v. SacksCourt of Appeals for the First Circuit · 1897
- Westinghouse Electric & Mfg. Co. v. Stanley Instrument Co.Court of Appeals for the First Circuit · 1904
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3Cited by27 opinions
- United Shoe MacHinery Corp. v. Brooklyn Wood Heel Corp.Court of Appeals for the Second Circuit · 1935
- Drum v. TurnerCourt of Appeals for the Eighth Circuit · 1914
- Searchlight Horn Co. v. Victor Talking Mach. Co.District Court, D. New Jersey · 1919
- Vacuum Cleaner Co. v. American Rotary Valve Co.District Court, S.D. New York · 1915
- Yates v. SmithDistrict Court, D. New Jersey · 1920
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