Kaolatype Engraving Co. v. Hoke

• Decision Date: 24 March 1887
• Parties: KAOLATYPE ENGRAVING CO. and another v. HOKE and another.
• Court: U.S. District Court — Eastern District of Missouri

30 F. 444

KAOLATYPE ENGRAVING CO. and another v. HOKE and another.

United States Circuit Court, E.D. Missouri.

March 24, 1887

This is a suit brought October, 1886, against Joseph W. Hoke and Charles D. Moody, to restrain the alleged infringement of letters patent No. 153,084, granted July 14, 1874, to Maurice Joyce, for an improvement in processes of producing relief-line metal plates for printing, etc. The bill alleges that Mr. Joyce was the first inventor of the improvement described in said patent; that the defendants are 'doing business under the name of the Hoke Engraving Company;' and 'that since the fourteenth day of July, 1874, and on divers times and occasions between that time and the time of filing this, your orators', bill of complaint, the defendants herein, Joseph W. Hoke and Charles D. Moody, in the city of St. Louis, in the Eastern district of Missouri, * * * have made, used, and sold, and caused to be made, used and sold, and are not making, using, and selling, large numbers of plates produced by the process shown, described and claimed in the aforesaid letters patent. ' The Kaolatype Engraving Company sues as assignee of the patent and the other defendant as licensee of the Kaolatype Engraving Company. The assignment of the patent is alleged to have been executed February 11, 1880, but no assignment of any right of action is alleged to have been made.

A copy of the specification of the patent is made a part of the bill. The claims are as follows:

'(1) The process of preparing a matrix for producing metallic relief-line stereotype plates, by spreading a coating of plaster, clay, or other suitable material upon a metallic base, and cutting the desired design clear through such coating to the metallic surface, substantially as described.

'(2) A matrix for producing cast-metal stereotype plates, consisting of a metallic base or supporting plate, provided with a coating of clay, plaster, or equivalent material, and having the desired design cut clear through to the base-plate, substantially as described.

'(3) A cast-metal relief-line plate for printing or ornamental purposes, when obtained by the process and in the manner hereinbefore set forth and claimed.'

The specification states that the plates, when engraved, 'resemble a mould for a stereotype plate as used in the clay or plater process of stereotyping, except that the lines and letters are cut entirely through the plaster,' and that the metal stereotype is cast 'in any manner usual in the stereotypers' art.' The only advantage claimed is the speed with which the mould may be manufactured.

It was contended on behalf of the complainants, among other things, that the demurrer admitted patentable invention.

The other material facts are sufficiently stated in the opinion of the court.

George H. Knight, for complainants.

Benjamin F. Rex, for defendants.

THAYER J.

1. In the above case the court is of the opinion that it sufficiently appears from the bill that the defendants are jointly...