Goshen Manufacturing Company v. Hubert Myers Manufacturing Company

Decision Date11 December 1916
Docket NumberNo. 60,60
PartiesGOSHEN MANUFACTURING COMPANY, Petitioner, v. HUBERT A. MYERS MANUFACTURING COMPANY and Hubert A. Myers
CourtU.S. Supreme Court

Messrs Fred L. Chappell and Otis A. Earl for petitioner.

Mr. V. H. Lockwood for respondents.

Mr. Justice McKenna delivered the opinion of the court:

Suit for infringement of a patent, brought by petitioner, whom we shall call complainant, against the respondents, whom we shall call defendants, in the circuit court for the district of Indiana, October 3, 1910.

The device of the controversy is a new and useful improvement in hoisting pulleys. It is alleged to have been invented by Hubert A. Myers, one of the defendants, who, after his application for a patent, but before the issue thereof, assigned all of his right and title to one Allen P. Boyer, to whom a patent was issued January 21, 1908. Boyer, on the 28th of September, 1910, sold and assigned his right and title to the patent to complainant, 'together with all rights and choses in action which had accrued to him, as well as those which might accrue for infringement thereof, and all rights to sue for and recover damages or profits for the same.'

It is alleged that after the issue of the patent and before the commencement of the suit defendants infringed the invention by constructing and selling a large number of the pulleys, the exact number not known, and discovery is therefore prayed; and it is alleged that defendants have a large number on hand which they are offering for sale.

It is further alleged that large profits have been realized by defendants which might have been obtained by complainant; how much exactly, however, is unknown, and discovery is prayed. An accounting is also prayed and preliminary and final injunctions.

It is alleged that Myers took part in promoting and organizing the defendant corporation, that he is a large stockholder, and is actively engaged in directing and managing the affairs of the company, being its general manager.

It is also alleged that the trade and public have recognized the value and validity of the patent.

The defendants answered separately. Myers's answer is not in the record. The defendant company's is, and denies that the company had in any manner infringed the rights of the complainant under the patent, or that any great loss or injury had accrued or will accrue to complainant by reason of anything theretofore done by defendant, or that complainant had been or is being deprived of any gains or profits to which it is lawfully entitled, by reason of any act or any manufacture, use, or sale of hoisting devices by defendant.

And defendant alleges that it has not manufactured any hoisting device of any kind since October, 1909, or sold or had for sale any hoisting device since March, 1910, and that complainant had knowledge of such facts before bringing this suit; and denies that it was receiving or enjoying great gains or profits, or had avowed its determination to continue manufacturing and selling any such devices.

It admits that Myers took part in organizing the defendant corporation, but denies that he is a stockholder or in management of its affairs; alleges that he ceased to be a stockholder on November 19, 1909, and that he has not been a director or other officer since December 17th of that year, or connected with the company or interested therein.

The answer denies the other allegations of the bill, including the novelty of the device, specifically alleging that it was not the result of invention, but merely of mechanical skill in bringing together parts of hoisting devices long previously well known and described and published in prior patents, a list of which is given, and that hoisting devices in all substantial and patentable respects similar to the alleged invention were known and publicly sold and used in the United States, the instances of which are related.

Abandonment of the alleged invention by Myers is alleged, that complainant is estopped by reason of actions had in the patent office from claiming a device other than in the specific form shown and described in the patent, that Myers was not the first inventor or discoverer of a material and substantial part of the device of the patent, and that neither he nor the complainant has ever made or filed a disclaimer thereof, to the great injury of defendants.

There was a replication filed to the answer.

Upon the issues thus formed by the...

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34 cases
  • Meltzer v. Board of Public Instruction of Orange County, Fla.
    • United States
    • U.S. Court of Appeals — Fifth Circuit
    • March 11, 1977
    ...of the illegal conduct. Hecht Co. v. Bowles, 321 U.S. 321, 64 S.Ct. 587, (88 L.Ed. 754) supra; Goshen Mfg. Co. v. Hubert A. Myers Mfg. Co., 242 U.S. 202, 37 S.Ct. 105 (61 L.Ed. 248) (1916). The purpose of an injunction is to prevent future violations, Swift & Co. v. United States, 276 U.S. ......
  • United States v. Sugar Institute
    • United States
    • U.S. District Court — Southern District of New York
    • October 9, 1934
    ...U. S. v. U. S. Steel Corp., 251 U.S. 417, 445, 40 S.Ct. 293, 64 L.Ed. 343, 8 A.L.R. 1121 (1920); Goshen Mfg. Co. v. Hubert A. Myers Mfg. Co., 242 U.S. 202, 37 S.Ct. 105, 61 L.Ed. 248 (1916). Extensive discussion is unnecessary to demonstrate that Code 3 (c), the code ruling adopted thereund......
  • United States v. Aluminum Co. of America
    • United States
    • U.S. Court of Appeals — Second Circuit
    • March 12, 1945
    ...T. Co. v. Interstate Commerce Commission, 219 U.S. 498, 514-516, 31 S.Ct. 279, 55 L.Ed. 310; Goshen Manufacturing Co. v. Myers Manufacturing Co., 242 U.S. 202, 37 S.Ct. 105, 61 L.Ed. 248; National Labor Relations Board v. Pennsylvania Greyhound Lines, 303 U.S. 261, 271, 58 S.Ct. 571, 82 L.E......
  • Clarke v. U.S.
    • United States
    • U.S. Court of Appeals — District of Columbia Circuit
    • October 2, 1990
    ...Freight Ass'n, 166 U.S. 290, 308-09, 17 S.Ct. 540, 546-47, 41 L.Ed. 1007 (1897); cf. Goshen Mfg. Co. v. Hubert A. Myers Mfg. Co., 242 U.S. 202, 207-08, 37 S.Ct. 105, 106-07, 61 L.Ed. 248 (1916). See also Wright, Miller & Cooper, Federal Practice and Procedure, Sec. 3533.5 at 326 (1984). Eve......
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1 books & journal articles
  • THE TRADITIONAL BURDENS FOR FINAL INJUNCTIONS IN PATENT CASES C.1789 AND SOME MODERN IMPLICATIONS.
    • United States
    • Case Western Reserve Law Review Vol. 71 No. 2, December 2020
    • December 22, 2020
    ...(same). (125.) Cont'l Paper Bag Co. v. E. Paper Bag Co., 210 U.S. 405, 430 (1908); accord Goshen Mfg. Co. v. Hubert A. Myers Mfg. Co., 242 U.S. 202, 207OS (1916); Clark v. Wooster, 119 U.S. 322, 325-26 (1886); Root v. Ry. Co., 105 U.S. 189, 216 (1882); Beirne Stedman, Patents [section] 250,......

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