Legal Opinion

Russell v. Kern

U.S. Circuit Court for the District of Eastern Wisconsin

Decided August 10, 1893PublishedCited by 4 opinions

• In Equity. Suit by John H. Bussell against John F. Kern, surviving partner, etc., for infringement of certain patents. On demurrer to the bill.

1Opinion of the Court

SEAMAN, District Judge.

The defendant demurs to complainant’s amended bill for injunction, etc., which charges him with infringement of 10 several letters patent, issued to George T. Smith, alleged as entering into one compact machine known as “Geo. T. Smith’s Middlings Purifier,” and substantially employed by defendant. The several patents and title exhibits are annexed to the complaint. It appears that some have expired, but that the invention was of a new machine, which superseded the old methods of manufacturing flour, and for which, as a whole;, the original application was made;, but…

2Cases cited3 opinions

  1. Waterman v. MacKenzieSupreme Court of the United States · 1891
  2. Gayler v. WilderSupreme Court of the United States · 1851
  3. Pope Manufacturing Co. v. Gormully & Jeffery Manufacturing Co.Supreme Court of the United States · 1892

3Cited by4 opinions

  1. Wilkins Shoe-Button Fastener Co. v. WebbU.S. Circuit Court for the District of Northern Ohio · 1898
  2. P. R. Mallory & Co. v. Automotive Mfrs' Outlet, Inc.District Court, S.D. New York · 1930
  3. Lock Joint Pipe Co. v. MelberCourt of Appeals for the Third Circuit · 1916
  4. Russell v. KernU.S. Circuit Court for the District of Eastern Wisconsin · 1894

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