Frank F. Smith Hardware Co. v. S. H. Pomeroy Co.
Court of Appeals for the Second Circuit
Appeal from the District .Court of the United States for the Southern District of New York. Suit in equity by the Frank F. Smith Hardware Company against the S. H. Pomeroy Company and S. Harris Pomeroy. From the decree, complainant appeals.
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Appeal from the District .Court of the United States for the Southern District of New York. Suit in equity by the Frank F. Smith Hardware Company against the S. H. Pomeroy Company and S. Harris Pomeroy. From the decree, complainant appeals. Suit for infringement of letters patent No. 970,656. Decree for plaintiff, granting injunctive relief against infringement, but denying the plaintiff all profits and damages prior to the commencement of the suit, because of laches or equitable estoppel. Plaintiff appeals.
1Opinion of the Court
MANTON, Circuit Judge.
Letters patent No. 970,656 were issued to the appellant on September 20, 1910, on an application filed January 28, 1909, for a transom adjusting device. Below the patent was held valid and infringed, and from this determination the defendants do not appeal. However, the court denied the appellant all profits and damages prior to the commencement of this suit, on the ground that it was guilty of laches and that an equitable estoppel was established against its claim. The invention relates to a means adopted to limit the extent of opening windows of the reversible pivot…
2Cases cited20 opinions
- McLean v. FlemingSupreme Court of the United States · 1878
- Menendez v. HoltSupreme Court of the United States · 1888
- Galliher v. CadwellSupreme Court of the United States · 1892
- Hayward v. National BankSupreme Court of the United States · 1878
- Foster v. Mansfield, Coldwater & Lake Michigan RailroadSupreme Court of the United States · 1892
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3Cited by21 opinions
- A.C. Aukerman Company v. R.L. Chaides Construction Co.Court of Appeals for the Federal Circuit · 1992
- Dwight & Lloyd Sintering Co. v. GreenawaltCourt of Appeals for the Second Circuit · 1928
- Hartford-Empire Co. v. Swindell Bros.Court of Appeals for the Fourth Circuit · 1938
- Wafer Shave, Inc. v. Gillette Co.District Court, D. Massachusetts · 1993
- Pierce v. International Telephone & Telegraph Corp.District Court, D. New Jersey · 1957
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