American Diamond Rock Boring Co. v. Sheldon
United States Circuit Court
[In equity. Suit by the American Diiimond Rock Boring Company against Charles Shel-d'on and others to enjoin infringement of letters patent No. 39,235, reissue No. 3,690, and for an accounting. Decree for complainants. [In course of litigation, complainants subsequently moved for an injunction, and defendants objected, on the ground that the patent had expired. Objection overruled.
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[In equity. Suit by the American Diiimond Rock Boring Company against Charles Shel-d'on and others to enjoin infringement of letters patent No. 39,235, reissue No. 3,690, and for an accounting. Decree for complainants. [In course of litigation, complainants subsequently moved for an injunction, and defendants objected, on the ground that the patent had expired. Objection overruled. American Diamond Rock Boring Co. v. Sheldon, Case No. 297. Defendants’ motion for a rehearing was denied, and the injunction was restored as to machines made in infringement of patent. Id., 1 Fed. 870.…
1Opinion of the Court
WHEELER, District Judge.
This suit is brought for relief against infringement of re-issued letters patent, No. 3,690, to Asahel J. Severance, as assignee of Rodolphe Les-chot, October 26th, 1869, for an improved rock drill, and has been heard upon pleadings, proofs, and argument of counsel. The plaintiff shows title from Severance. The defendants claim that Severance had no title, and that, therefore, the plaintiff has acquired none, and is not the owner of the patent; that Leschot was not the first inventor of the invention patented; that the re-issue is for a different invention from that in…
2Cases cited10 opinions
- Cromwell v. County of SacSupreme Court of the United States · 1877
- MacHine Co. v. MurphySupreme Court of the United States · 1878
- American Diamond Rock Boring Co. v. SheldonUnited States Circuit Court · 1880
- Rosse v. RustNew York Court of Chancery · 1820
- Porter v. VaughnSupreme Court of Vermont · 1854
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3Cited by2 opinions
- American Diamond Rock Boring Co. v. SheldonsUnited States Circuit Court · 1885
- American Diamond Rock-Boring Co. v. SheldonUnited States Circuit Court · 1885