105 U.S. 94 (1882), Lehnbeuter v. Holthaus

Citation:105 U.S. 94, 26 L.Ed. 939
Case Date:March 06, 1882
Court:United States Supreme Court

Page 94

105 U.S. 94 (1882)

26 L.Ed. 939




United States Supreme Court.

March 06, 1882

APPEAL from the Circuit Court of the United States for the Eastern District of Missouri.

The bill, filed by Joseph Lehnbeuter and Casper Claes, charged Arnold Holthaus and Anton Holthaus with infringing design patent No. 8814 for show-cases, granted to the complainants jointly, and dated Nov. 30, 1875.

The answer denied that the complainants were the first inventors of the design patented; denied its utility, and the alleged infringement. To sustain these denials all the testimony offered by the defendants was directed.

Upon final hearing the court dismissed the bill, because 'said letters-patent were not good and valid in law,' and the complainants appealed.

The record contains certain stipulations in respect to the evidence. These are:----

'That the following exhibits may be produced by either party at the hearing upon an appeal in the Supreme Court, and used in evidence as a portion of the transcript herein, viz.: 'Defendants' Exhibit, Wiegal Catalogue,' and 'Defendants Exhibit, Maws' Price Current;' also, 'Design Patents Nos. 8287, 8813, and 8814;' also, 'Complainants' Exhibit Holthaus Circular.'

'That it shall be taken, as admitted for the purposes of this case, that said exhibits, 'Wiegal Catalogue' and 'Maws' Price Current,' were issued prior to January, 1874.

'That the circular marked 'Complainants' Exhibit Holthaus Circular' is a copy of circulars issued by the defendants in the month of July, 1877, and subsequently thereto; that the cuts therein correctly represent show-cases made and sold by the defendants in St. Louis, within said Eastern District of Missouri, during and after January, 1877, and before the commencement of this suit, and still made and sold by them; also, that the circular marked 'Complainants' Exhibit Claes & Co., Circular,' is a copy of a publication issued and circulated by complainants in the month of September, 1875, and subsequently thereto; also, that the model marked on bottom 'Complainants' Exhibit Model No. 1,' under the hand of the same notary, correctly represents show-cases made and sold by defendant in said St. Louis during and after the month of January, 1877, and before the commencement of these suits.'

The only witness in the case was Charles K. Pickles, who testified for the complainants that he made the original drawings from which the plates were...

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