Seibert Cylinder Oil-Cup Co. v. Detroit Lubricator Co.
U.S. Circuit Court for the District of Eastern Michigan
In Equity. On motion for a preliminary injunction. This was a bill to recover damages for an infringement of letters patent No. 138,243, issued April 29, 1873, to John Gates, for an improvement in lubricators.
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In Equity. On motion for a preliminary injunction. This was a bill to recover damages for an infringement of letters patent No. 138,243, issued April 29, 1873, to John Gates, for an improvement in lubricators. The bill contained the usual allegations of the issuance of the patent, its assignment to plaintiff, proceedings in various suits, in which the validity of the patent was several times adjudicated, and the infringement by the defendant, against which an injunction was prayed. The bill then proceeded to set forth (paragraph 9) that the defendant wrongfully pretended that it had a right…
1Opinion of the Court
Brown, J.,
{after stating the facts as above.) This case turns largely upon the construction to be given the agreement between the plaintiff and defendant, and upon the further question whether, regarding the refusal of the defendant to make returns and pay royalties upon the Sei-bert patents as unlawful, the plaintiff was authorized to treat the contract as rescinded, and sue for an infringment of its patent. Upon a careful reading of this contract, it is quite evident that its purpose was to adjust two controversies between the parties.
*219The first, contained in paragraphs 1 to 7, inclusive,…
2Cases cited2 opinions
- Hartell v. TilghmanSupreme Court of the United States · 1879
- Brooks v. StolleyU.S. Circuit Court for the District of Ohio · 1845
3Cited by4 opinions
- Ohio Citizens Trust Co. v. Air-Way Electric Appliance Corp.District Court, N.D. Ohio · 1944
- American Telephone & Telegraph Co. v. Radio Audion Co.District Court, D. Delaware · 1922
- Luten v. BearceDistrict Court, D. Maine · 1914
- Walsh v. Albert Wahle Co.District Court, E.D. New York · 1928