Legal Opinion

Hildreth v. Lauer & Suter Co.

District Court, D. Maryland

Decided May 5, 1913PublishedCited by 8 opinions

In Equity. Suit by Herbert E. Hildreth against the Eauer & Suter Company. On final hearing.

1Opinion of the Court

ROSE, District Judge.

The defendant is a manufacturer of candy. It owns and uses a candy-pulling machine. Plaintiff says that such machine infringes claim 4 of his letters patent No. 832,384, October .2, 1906. That claim is for:

“A candy-pulling machine comprising means for supporting the candy against gravity, means for pulling the candy, and means for producing a relative in-and-out motion of said supporting and pulling means.”

Construed literally, this claim covers every candy-pulling machine in which the candy is pulled while supported against gravity, and in which there is a relative…

2Cases cited3 opinions

  1. Boyden Power-Brake Co. v. Westinghouse Westinghouse v. Boyden Power-Brake Co.Supreme Court of the United States · 1898
  2. Westinghouse v. Boyden Power Brake Co.Supreme Court of the United States · 1898
  3. Hobbs v. BeachSupreme Court of the United States · 1901

3Cited by8 opinions

  1. Aluminum Co. of America v. Thompson Products, Inc.District Court, N.D. Ohio · 1938
  2. F. N. Burt Co. v. W. C. Ritchie & Co.District Court, E.D. New York · 1918
  3. Hildreth v. AuerbachDistrict Court, S.D. New York · 1914
  4. Hildreth v. Lauer & Suter Co.District Court, D. Maryland · 1913
  5. Kendall Co. v. Tetley Tea Co.District Court, D. Massachusetts · 1950

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