Standard Elevator Co. v. Crane Elevator Co.

• Citation: 76 F. 767
• Decision Date: 05 October 1896
• Docket Number: 239.
• Parties: STANDARD ELEVATOR CO. et al. v. CRANE ELEVATOR CO. et al. [1]
• Court: United States Courts of Appeals. United States Court of Appeals (7th Circuit)

76 F. 767

STANDARD ELEVATOR CO. et al. v. CRANE ELEVATOR CO. et al. ^[1]

No. 239.

United States Court of Appeals, Seventh Circuit.

October 5, 1896

On December 1, 1891, appellees filed their bill of complaint against appellants, alleging, among other matters not in controversy on this appeal, the issuance to one Reynolds of letters patent of the United States No. 317,202, No. 328,614 and No. 456,122, to one Baldwin of letters patent No. 248,908 and No. 456,107, and to one Moore of letters patent No 309,865; that by assignment appellees had become owner of all the rights originally vested by force of said patents in said patentees; that appellants had infringed said patents, and each of them; and that 'gains and profits to a large sum of money, ' 'the full amount of which is unknown to' appellees, 'had accrued to' appellants 'from the use of' appellees' 'exclusive rights aforesaid,' whereby appellees were entitled to an accounting. They asked that an injunction and an accounting be adjudged in their favor.

After hearing upon the bill, answer, and replication, and proofs duly taken on the issue so made, and on March 12, 1895, a decree was made, and duly entered of record. As to letters patent numbered 317,202 and 309,865 the bill was, by this decree, dismissed for want of equity. As to letters patent numbered 248,908 and 456,107 the bill was dismissed without prejudice. As to claims 2, 4, and 6 of letters patent No 328,614, there being no controversy touching the other claims of that patent, and as to the two claims of letters patent No. 456,122, the court found and decreed, without reserving any further consideration of that subject, that appellants had infringed. An injunction (without limitation in time, and without reservation on that matter) was therefore awarded. Appellees' claim to an accounting was not resisted on any ground other than noninfringement. The cause was therefore referred to a master to take proofs and report thereon 'as to the complainants' damages and as to the defendants' profits or savings resulting from the infringement by the defendants of said' five claims. The decree closes with the statement that 'the question of costs in this cause is reserved till the entry of a final decree herein in this court. ' Appellants, after the entry of the decree, filed their petition in words following: 'The defendants, Standard Elevator Company, Herbert A. Beidler, and Wm. H. Wells, Jr., jointly and severally pray an appeal to the United States circuit court of appeals for the Seventh circuit, from the order of his honor, Judge Jenkins, granting an injunction against the defendants under the 2d, 4th, and 6th claims of patent No. 328,614, granted to G. H. Reynolds, October 20, 1885, and patent No. 456,122, granted to G. H. Reynolds, July 14, 1891. We assign the following reasons for appeal, viz: (1) The honorable judge erred in deciding that the construction of the defendants was an infringement of the 2d, 4th, and 6th claims of the Reynolds patent, No. 328,614, and of the claims of the Reynolds patent, No. 456,122. (2) The honorable judge erred in deciding that the said Reynolds patents, No. 328,614 and No. 456,122 are good and valid in law, notwithstanding the evidence adduced against them in the cause. (3) The honorable court erred in deciding that the complainants had made out and proved a valid title to the patent No. 328,614, mentioned aforesaid, or that such complainants had such property or right under such patents as would justify them in maintaining their bill of complaint. These defendants further pray that pending the determination of this appeal the injunction may be stayed upon the filing by such defendants with the clerk of this court of a supersedeas bond to the complainants in such sum as the court shall direct. They also pray such other and further order as may be deemed necessary to perfect this appeal and stay the injunction. ' The order of the court on this petition is in words following: 'Now comes the Standard Elevator Company, by its solicitor, Frank T. Brown, and files its petition for appeal to the United States circuit court of appeals for the Seventh circuit, from the decree entered herein on the 12th day of March, 1895, and also files its assignment of errors. The court being advised in the premises, it is ordered, that said appeal be allowed upon the defendants filing an appeal bond in the sum of one thousand dollars, with surety to be approved by the court. It is further ordered that a supersedeas be granted upon said defendants filing a bond in the sum of fifteen thousand dollars, conditioned to abide and perform any final decree herein, if the appellant fail to make good its plea, with security to be approved by the court. It is further ordered that the proceedings under said decree be stayed for ten days. ' The bonds were thereupon made by the three defendants, they being named therein appellants and principals, with sureties as required by law. These bonds, each reciting that the 'appeal' was 'from the order granting such injunction,' were duly approved, and the record brought to this court.

Section 692 of the Revised Statutes of the United States is in words following:

'Sec. 692. An appeal shall be allowed to the supreme court from all final decrees of any circuit court, or of any district court acting as a circuit court, in cases of equity, and of admiralty and maritime jurisdiction, where the matter in dispute, exclusive of costs, exceeds the sum or value of two thousand dollars, and the supreme court is required to receive, hear, and determine such appeals.'

Section 6 of the act of March 3, 1891, for the organization of the federal courts of appeal, is in part in words following:

'Sec. 6. That the circuit court of appeals established by this act shall exercise appellate jurisdiction to review by appeal or by writ of error final decisions in the district courts and the existing circuit courts in all cases other than those provided for in the preceding section of this act, unless otherwise provided by law, and the judgments or decrees of the circuit courts of appeals shall be final in all cases in which the jurisdiction in dependent entirely upon the opposite parties to the suit or controversy being aliens and citizens of the United States or citizens of different states; also in all cases arising under the patent laws, under the revenue laws, and under the criminal laws and in admiralty cases, excepting that in every such subject within its appellate jurisdiction the circuit court of appeals at any time may certify to the supreme court of the United States any questions or propositions of law concerning which it desires the instruction of that court for its proper decision.'

Section 7 of the last-named act, was amended February 18, 1895, to read as follows:

'That where, upon a hearing in equity in a district court or a circuit court, an injunction shall be granted, continued, refused, or dissolved by an interlocutory order or decree or an application to dissolve, an injunction shall be refused in a case in which an appeal from a final decree may be taken under the provisions of this act to the circuit court of appeals, an appeal may be taken from such interlocutory order or decree granting, continuing, refusing, dissolving, or refusing to dissolve an injunction to the circuit court of appeals:

'Provided, that the appeal must be taken within thirty days from the entry of such order or decree, and it shall take precedence in the appellate court: and the proceedings in other respects in the court below shall not be stayed unless otherwise ordered by that court during the pendency of such appeal:

'And provided further, that the court below may in its discretion require as a condition of the appeal, an additional injunction bond.'

This last paragraph was added, and the first made to comprehend the refusal or dissolution of a pendente lite injunction, by the amendment of 1895.

Section 701 of the Revised Statutes of the United States is in words following:

'Sec. 701. The supreme court may affirm, modify, or reverse any judgment, decree, or order of a circuit court, or district court acting as a circuit court, or of a district court in prize causes, lawfully brought before it for review, or may direct such judgment, decree or order to be rendered, or such further proceedings to be had by the inferior court, as the justice of the case may require. The supreme court shall not issue execution in a cause removed before it from such courts, but shall send a special mandate to the inferior court to award execution thereupon.'

Section 11 of the act of March 3, 1891, for the organization of the federal courts of appeal is in part in words following:

'All provisions of law now in force regulating the methods and system of review, through appeals or writs of error, shall regulate the methods and system of appeals and writs of error provided for in this act in respect of the circuit court of appeals, including all provisions for bonds or other securities to be required and taken on such appeals and writs of error, and any judge of the circuit courts, shall have the same powers and duties as to the allowance of appeals or writs of error, and the condition of such allowance, as now by law belong to the justices or judges in respect of the existing courts of the United States respectively.'

Section 10 of the act of March 3, 1891, above mentioned, is in part in words following.

'Whenever on appeal or writ of error, or otherwise, a case coming from a district or circuit court shall be reviewed and determined in the circuit court of appeals in a case in which the decision of the circuit court of appeals is final, such cause shall be remanded to the said district or ...