Hunt, Helm, Ferris & Co. v. Milwaukee Hay Tool Co.
Court of Appeals for the Seventh Circuit
Appeal from the Circuit Court of the United States for the Eastern District of Wisconsin. The appellant, Hunt, Helm, Ferris & Co.., was the complainant below, and appeals from a decree upon final hearing, dismissing its bill filed for alleged, infringment of a patent. The patent involved is No. 584,340, issued to Henry L. Ferris, June 15, 1897, for a “hoist.”
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Appeal from the Circuit Court of the United States for the Eastern District of Wisconsin. The appellant, Hunt, Helm, Ferris & Co.., was the complainant below, and appeals from a decree upon final hearing, dismissing its bill filed for alleged, infringment of a patent. The patent involved is No. 584,340, issued to Henry L. Ferris, June 15, 1897, for a “hoist.” In the specifications, the invention is stated as relating “to certain improvements in hoists of the class in which means are provided for clamping and releasing the free end of the rope, such means being operated by said free end…
1Opinion of the Court
SEAMAN, Circuit Judge.
The opinion filed below rests the decree upon a finding, of noninfringement, without passing upon the further question raised, whether the “hoist” device of the Eerris patent (No. 584,340) in suit involved patentable invention. Upon the view adopted by the trial court of the appellee’s departure from assumed invention in the means of the patent, the issue of validity was rightly left open — especially so on information, referred to in the opinion, of a controversy with another patentee which was pending and involved that issue. In accord with this course, we assume…
2Cases cited5 opinions
- Miller v. Eagle Manufacturing Co.Supreme Court of the United States · 1894
- Railway Co. v. SaylesSupreme Court of the United States · 1878
- Knapp v. MorssSupreme Court of the United States · 1893
- Loew Supply & Mfg. Co. v. Fred Miller Brewing Co.Court of Appeals for the Seventh Circuit · 1905
- Morley Sewing-Machine Co. v. LancasterU.S. Circuit Court for the District of Massachusetts · 1885
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- Kurtz v. Belle Hat Lining Co.Court of Appeals for the Second Circuit · 1922
- Consolidated Car Heating Co. v. Lehigh Traction Co.District Court, M.D. Pennsylvania · 1931