American Thermos Bottle Co. v. Semple
District Court, N.D. New York
In Equity. Suit by the American Thermos Bottle Company against William H. Semple and Edward R. Semple, copartners trading as W. H. Semple & Sons. On motion by the defendant, after issue joined, to dismiss on the particular ground that the bill of complaint does not excuse the laches, manifest on the face of the bill, in applying for the reissued letters patent sued upon.
1Opinion of the Court
RAY, District Judge.
This suit is in equity to restrain alleged infringement of reissued letters patent No. 13,093, dated March IS, 1910, and issued to Burger and Aschenbrenner, assignors to American Thermos Bottle Company, a corporation of the state of Maine, on application for such reissue filed March 15, 1909.
The original letters patent, No. 820,347, were issued to said Burger and Aschenbrenner May 8, 1906, on application filed September 3, 1904. Between the application for the original patent and the application for the reissue over four years intervened, and between the grant of the…
2Cases cited6 opinions
- Topliff v. TopliffSupreme Court of the United States · 1892
- Miller v. Brass Co.Supreme Court of the United States · 1882
- Mahn v. HarwoodSupreme Court of the United States · 1884
- Wollensak v. ReiherSupreme Court of the United States · 1885
- Ives v. SargentSupreme Court of the United States · 1887
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