Ford v. Bancroft
U.S. Circuit Court for the District of Massachusetts
This was a suit in equity by John S. Ford and others, composing the firm of Ford, Johnson & Go., against Frank H. Bancroft and others, composing the firm of Bancroft & Rich, manufacturers of machinery for weaving cane, for alleged infringement of letters patent No. 401,050, issued April' 9, 1889, to Henry Y. Morris, for a machine for inserting diagonal strips in fabrics. The claims involved are 1, 4, and 5 of the patent in issue.
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This was a suit in equity by John S. Ford and others, composing the firm of Ford, Johnson & Go., against Frank H. Bancroft and others, composing the firm of Bancroft & Rich, manufacturers of machinery for weaving cane, for alleged infringement of letters patent No. 401,050, issued April' 9, 1889, to Henry Y. Morris, for a machine for inserting diagonal strips in fabrics. The claims involved are 1, 4, and 5 of the patent in issue. The defendants are manufacturing under letters patent No. 539,406, issued to them for their own invention.
1Opinion of the Court
PXJTNAM, Circuit Judge.
The court found this a difficult case .to apprehend in all its aspects, and therefore considered it prudent to order it reargued, and we are under obligations to the counsel on each side for the great assistance they have rendered us. The respondents maintain that, under the circumstances of the case, the complainants’ only remedy is at law; but,,while we recognize the fact that there is no jurisdiction in equity in patent causes except under the general rules of equity jurisprudence, yet, as applied to that class, these rules have so many phases that, in view of our…
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- New York Paper-Bag Mach. & Manuf'g Co. v. Hollingsworth & Whitney Co.Court of Appeals for the First Circuit · 1893
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