Mallory Mfg. Co. v. Hickok
Decision Date | 05 April 1884 |
Citation | 20 F. 116 |
Court | U.S. District Court — District of Connecticut |
Parties | MALLORY MANUF'G CO. v. HICKOK and another. |
Eugene Treadwell, for plaintiff.
Wm. Edgar Simonds, for defendants.
This is a motion for a preliminary injunction against the infringement of letters patent to George Mallory, dated February 11, 1868, for an improvement in hats. The defense is non-infringement. The invention is described and the patent is construed in Mallory Manuf'g Co. v. Marks, 20 Blatchf.C.C. 32. [1] It is not claimed that the present defendants used twisted wire, and, for the purposes of this motion, it is admitted that round bent wire is used. The only question is whether such use is an infringement. Upon the decision of a motion for a preliminary injunction against the infringement of a patent which has been sustained by a previous adjudication, it is proper, as a general rule, to follow the construction of the patent which was given upon such adjudication, provided the construction was given with deliberation and thoughtfulness in the use of language. Judge BLATCHFORD says in his opinion that the specification uses the word 'bent' as synonymous with the word 'twisted;' and further says: I do not mean to say that the question in regard to the proper construction of the patent is to be considered as finally settled by the decision in the Marks Case, but, for the purposes of this motion, it is not expedient to depart from Judge BLATCHFORD'S construction, which was carefully given '
The motion is denied.
---------
Notes:
[1] S.C. 11 F. 887.
---------
To continue reading
Request your trial-
Edison Elec. Light Co. v. Beacon Vacuum Pump & Elec. Co.
...Co., 50 F. 833; Robertson v. Hill, 6 Fish.Pat.Cas. 465; Cary v. Domestic Co., 27 F. 299; Coburn v. Clark, 15 F. 804; Mallory Manufacturing Co. v. Hickok, 20 F. 116; Green v. French, 4 Ban.& A. 169; Blanchard Reeves, 1 Fish.Pat.Cas. 103; Goodyear v. Rust, 6 Blatchf. 229; Cary v. Manufacturin......
-
Earl v. Southern Pac. Co.
...Robertson v. Hill, 6 Fish Pat.Cas. 465, Fed.Cas.No. 11,925; Cary v. Spring-Bed Co., 27 F. 299; Coburn v. Clark, 15 F. 804; Manufacturing Co. v. Hickok, 20 F. 116; Green v. French, 4 Ban.& A. 169, 5,757; Blanchard v. Reeves, 1 Fish.Pat.Cas. 103, Fed.Cas.No. 1,515; Goodyear v. Rust, 6 Blatchf......
-
Gamewell Fire Alarm Telegraph Co. v. Hackensack Improvement Commission
... ... Cary v. Domestic Co. (C.C.) 27 F. 299; Coburn ... v. Clark (C.C.) 15 F. 804; Mallory Manufacturing ... Co. v. Hickok (C.C.) 20 F. 116; Green v. French, 4 ... Ban. & A. 169; Blanchard ... ...
-
American Paper Pail & Box Co. v. National Folding Box & Paper Co.
...and, provided infringement is found, entitled complainant, to a preliminary injunction as a matter of substantial right. Manufacturing Co. v. Hickok, 20 F. 116; Refrigerating Co. v. Gillett, 31 F. 809; v. Worden, 11 F. 501, 502; Purifier Co. v. Christian, 3 Ban. & A. 42, 43; Jones v. Merril......