Strom Manuf'g Co. v. Weir Frog Co.
Court of Appeals for the Sixth Circuit
Appeal from the Circuit Court of the United States for the Southern District of Ohio. This was a suit in equity by the Strom Manufacturing Company against the Weir Frog Company for alleged infringement of the Alkins patent, No. 352,286, for an improvement in rail braces.
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Appeal from the Circuit Court of the United States for the Southern District of Ohio. This was a suit in equity by the Strom Manufacturing Company against the Weir Frog Company for alleged infringement of the Alkins patent, No. 352,286, for an improvement in rail braces. On a demurrer to the bill, the circuit court held that the patent was invalid on its face for want of patentable invention, and accordingly entered a decree dismissing the bill. 75 Fed.- 279. From this decree the complainant has appealed.
1Opinion of the Court
SEVERENS, District Judge.
The bill of complaint in this case charges the defendant with infringing certain letters patent issued November 9, 1886, to Charles Alkins, being No. 352,286, for new and useful improvements in the manufacture of rail braces used in the construction of railroad tracks, more especially about switches and curves in the track where the side pressure of the wheels of cars moving on the track is greatest. The rights secured by these letters *171patent were subsequently assigned to the complainant. The bill is in the usual form, and prays not only for an injunction, but for an…
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