Brown Manuf'g Co. v. Deere & Co.

U.S. Circuit Court for the Northern District of Illnois

Brown Manuf'g Co. v. Deere & Co.

51 F. 229, 1892 U.S. App. LEXIS 1874

CourtU.S. Circuit Court for the Northern District of Illnois

DecidedJune 18, 1892

StatusPublished

This text of 51 F. 229 (Brown Manuf'g Co. v. Deere & Co.) is published on Counsel Stack Legal Research, covering U.S. Circuit Court for the Northern District of Illnois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Brown Manuf'g Co. v. Deere & Co., 51 F. 229, 1892 U.S. App. LEXIS 1874 (circtndil 1892).

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Opinion

Blodgett, District Judge.

This is a bili in equity for the alleged infringement of patent No. 190,816, granted May 15, 1877, to William P. Brown, for an “improvement in couplings for cultivators.” Infringement is charged of the first claim only of the patent, which is: “(1) The pipe box provided with a projection adapted to co-operate witli a spring, weight, or the draught, to rock tiie said pipe box against, or with the weight of the rear cultivators or plows, substantially as and for the purpose described. ” On a former hearing of this ease, upon the pleadings and proofs before me, the patent was held to be valid, and the defendants held to have infringed the same, and an interlocutory decree entered, referring the case to a master to take an accounting of profits and damages. Subsequently, in examining other cases, such strong doubts arose in my mind as to the correctness of the finding that 1 ordered a reargument, and, after such reargument and a re-examination of the proofs in the case, I have come to the conclusion that my former decision, reported in 21 Fed. Rep. 709, was wholly erroneous, and feel compelled to enter a decree finding this claim void for want of novelty, and dismissing the bill for want of equity. My reasons for doing this will be found at length in the decision this day rendered in the ease of Same Complainant v. David Bradley Manuf’g Co., 51 Fed. Rep. 226.

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Blodgett, District Judge.

This is a bili in equity for the alleged infringement of patent No. 190,816, granted May 15, 1877, to William P. Brown, for an “improvement in couplings for cultivators.” Infringement is charged of the first claim only of the patent, which is: “(1) The pipe box provided with a projection adapted to co-operate witli a spring, weight, or the draught, to rock tiie said pipe box against, or with the weight of the rear cultivators or plows, substantially as and for the purpose described. ” On a former hearing of this ease, upon the pleadings and proofs before me, the patent was held to be valid, and the defendants held to have infringed the same, and an interlocutory decree entered, referring the case to a master to take an accounting of profits and damages. Subsequently, in examining other cases, such strong doubts arose in my mind as to the correctness of the finding that 1 ordered a reargument, and, after such reargument and a re-examination of the proofs in the case, I have come to the conclusion that my former decision, reported in 21 Fed. Rep. 709, was wholly erroneous, and feel compelled to enter a decree finding this claim void for want of novelty, and dismissing the bill for want of equity. My reasons for doing this will be found at length in the decision this day rendered in the ease of Same Complainant v. David Bradley Manuf’g Co., 51 Fed. Rep. 226.

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51 F. 229, 1892 U.S. App. LEXIS 1874, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brown-manufg-co-v-deere-co-circtndil-1892.