Luten v. Dover Const. Co.
U.S. Circuit Court for the District of New Jersey
In Equity. Suit by Daniel B. Euten against the Dover Construction Company. On demurrer to bill. Suit to restrain infringement of five certain patents on reinforced concrete structures, Nos. 818,386, 853,202, 853,203, 923,058, 934,411; the last two are process patents.
1Opinion of the Court
RELLSTAB, District Judge.
The causes of demurrer relied upon in the argument on brief, are, in substance, first, that the complainant has a complete remedy at law; second, that the two process patents are void on their face; third, that the bill is multifarious; fourth, that there is no averment of the recording of the patent; fifth, that there is no proper averment of the affixing of the patent marks.
These assignments cannot prevail. On demurrer, all well-pleaded facts contained in the bill are taken as true. The bill, after setting out the grants of five several letters patent, the earliest…
2Cases cited6 opinions
- Root v. Railway Co.Supreme Court of the United States · 1882
- American Fibre-Chamois Co. v. Buckskin-Fibre Co.Court of Appeals for the Sixth Circuit · 1896
- Union Switch & Signal Co. v. Philadelphia & R. R.U.S. Circuit Court for the District of Eastern Pennsylvania · 1895
- Horton Trust Co. v. Standard Steel Car Co.Court of Appeals for the Third Circuit · 1910
- The Pilot BoyDistrict Court, D. Maryland · 1885
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Rose Mfg. Co. v. E. A. Whitehouse Mfg. Co.U.S. Circuit Court for the District of New Jersey · 1911