Diamond Drill Contracting Co. v. Mitchell
Court of Appeals for the Ninth Circuit
Appeal from the District Court of the United States for the Northern Division of the Eastern District of Washington; Frank H. Rudkin, Judge. Suit in equity by the Diamond Drill Contracting Company against William J, Mitchell and others. Decree for defendants, and complainant appeals.
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Appeal from the District Court of the United States for the Northern Division of the Eastern District of Washington; Frank H. Rudkin, Judge. Suit in equity by the Diamond Drill Contracting Company against William J, Mitchell and others. Decree for defendants, and complainant appeals. The appellant, as assignee of Frederick Stone,’ to whom had been granted on May 11, 1904, letters patent No. 761,332, for an improvement in core drills, brought a suit against the appellees herein for infringement of said patent. One of the defenses interposed by answer was a prior patent for the same invention…
1Opinion of the CourtGilbert, Circuit Judge
(after stating the facts as above). [1, 2] We find it unnecessary to consider the question of infringement, for the reason that we are clearly of the opinion that the decree of the court below dismissing the bill should be sustained, on the ground of the appellant’s laches in applying for the reissue letters patent.. Between the date of the original patent and the application for the reissue 13 years intervened. In order to justify a reissue, it must clearly appear that the original patent was defective, and inoperative to protect the invention intended, that the defect and inoperativeness…
2Cases cited9 opinions
- Miller v. Brass Co.Supreme Court of the United States · 1882
- James v. CampbellSupreme Court of the United States · 1882
- Ives v. SargentSupreme Court of the United States · 1887
- Hoskin v. FisherSupreme Court of the United States · 1888
- Buffington's Iron Bldg. Co. v. EustisCourt of Appeals for the Eighth Circuit · 1895
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3Cited by2 opinions
- General Refractories Co. v. AshLand Fire Brick Co.District Court, E.D. Kentucky · 1926
- Supreme Mfg. Corp. v. Security Mfg. Co.Court of Appeals for the Ninth Circuit · 1924