26 F. 272 (D.Ind. 1886), Phoenix Caster Co. v. Spiegel

Citation:26 F. 272
Party Name:PHOENIX CASTER CO. v. SPIEGEL and others. [1] TUCKER and others v. OGBORN and others.
Case Date:January 28, 1886
Court:United States Courts of Appeals, Court of Appeals for the Seventh Circuit

Page 272

26 F. 272 (D.Ind. 1886)



SPIEGEL and others. 1

TUCKER and others


OGBORN and others.

United States Circuit Court, D. Indiana.

January 28, 1886

C. P. Jacobs, for complainants.

C. H. Burchard and Parkinson & Parkinson, for defendants.


The action in each of these cases is for infringement of letters patent No. 190,152, granted May 1, 1877, to Alexander C. Martin, for 'improvement in furniture caster,' the plaintiffs claiming title by virtue of certain assignments of the patent. The infringement charged against Spiegel & Co. consisted in the possession and sale of an article known as the 'Yale Caster,' made at New Haven, Connecticut. The complaint against Ogborn and the Richmond Caster Company, in the other case, is for the manufacture, use, and sale of casters made under letters patent No. 273,278, granted March 6, 1883, to the Richmond Caster Company, as assignee of Ogborn.

Besides disputing the plaintiffs' title to the Martin patent, the defendants in each case deny infringement, and also the validity of that patent. The prior art, also, is shown by reference to numerous earlier patents, both American and English, which it is alleged anticipated the Martin combination entirely; or, at least, in so far as to impose upon it a strict construction, limiting it to the particular arrangement of parts described, and excluding any pretense of infringement by the defendants.

After a painstaking consideration of the evidence and accompanying models, the opinions of the experts, and the arguments and briefs of counsel, which upon both sides have been quite exhaustive, I am compelled to the conclusion in each case that infringement has not been shown, and consequently that the bills must be dismissed. The combination of the patent in question accomplished no new result in mechanics, and differed from previous known combinations, designed

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for the same and like purposes, only in the construction of one or two of the parts, whereby, perhaps, a better but certainly not a different kind of result...

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