Card v. Standard Coal & Coke Co.
District Court, E.D. Tennessee
In Equity. Suit by Louis E. Card against the Standard Coal & Coke Company. On demurrer to bill. This suit was brought by the complainant by bill in equity against the defendant for the alleged infringement of letters patent No. 794,587, issued to-the complainant July 11, 1905, for improvements in car handling apparatus.
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In Equity. Suit by Louis E. Card against the Standard Coal & Coke Company. On demurrer to bill. This suit was brought by the complainant by bill in equity against the defendant for the alleged infringement of letters patent No. 794,587, issued to-the complainant July 11, 1905, for improvements in car handling apparatus. The defendant demurred to the bill on the ground that said letters patent were void for want of patentable invention, and that the alleged invention had more than two years prior to the filing of the application been made known to the public through various other letters…
1Opinion of the Court
SANFORD, District Judge.
[1] 1. In a suit for infringement of a patent a demurrer will lie if such patent be manifestly void on *352its face for want of novelty or invention. Risdon Locomotive Works v. Medart, 158 U. S. 68, 84, 15 Sup. Ct. 745, 39 L. Ed. 899; Richards v. Elevator Co., 158 U. S. 299, 15 Sup. Ct. 831, 39 L. Ed. 991; American Fibre-Chamois Co. v. Buckskin-Fibre Co. (6th Cir.) 72 Fed. 508, 18 C. C. A. 662; Heaton-Peninsular Button-Fastener Co. v. Schlochtermeyer (6th Cir.) 72 Fed. 520, 18 C. C. A. 674; Thomas v. Railroad Co. (6th Cir.) 149 Fed. 753, 79 C. C. A. 89; West v. Rae (C. C.)…
2Cases cited12 opinions
- Brown v. PiperSupreme Court of the United States · 1875
- Risdon Iron & Locomotive Works v. MedartSupreme Court of the United States · 1895
- Richards v. Chase Elevator Co.Supreme Court of the United States · 1895
- American Fibre-Chamois Co. v. Buckskin-Fibre Co.Court of Appeals for the Sixth Circuit · 1896
- New York Belting & Packing Co. v. New Jersey Car Spring & Rubber Co.Supreme Court of the United States · 1890
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