Filley v. Littlefield

U.S. Circuit Court for the District of Eastern Missouri

Filley v. Littlefield

25 F. 282, 1885 U.S. App. LEXIS 2249

CourtU.S. Circuit Court for the District of Eastern Missouri

DecidedOctober 9, 1885

StatusPublished

This text of 25 F. 282 (Filley v. Littlefield) is published on Counsel Stack Legal Research, covering U.S. Circuit Court for the District of Eastern Missouri primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Filley v. Littlefield, 25 F. 282, 1885 U.S. App. LEXIS 2249 (circtedmo 1885).

Pincite

Opinion

Treat, J.,

(orally.) This is an action upon two patents. The only inquiry involved is as to the infringement by the defendant of plaintiff’s patents. The party defendant did not choose, under the [283]*283requirements of the statute, to assail the validity of the complainant’s patents. Therefore tlie case stands solely on the question of infringement. Both patents are infringed, and there will be a decree accordingly, and perpetual injunction. It may or may not be that defendant’s patent is an improvement; but whether that be so or not, he cannot infringe tho plaintiff’s patents, the validity of which is undisputed. As to the damages, B. Gratz Brown will be appointed special master pro hue vice.

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Treat, J.,

(orally.) This is an action upon two patents. The only inquiry involved is as to the infringement by the defendant of plaintiff’s patents. The party defendant did not choose, under the [283]*283requirements of the statute, to assail the validity of the complainant’s patents. Therefore tlie case stands solely on the question of infringement. Both patents are infringed, and there will be a decree accordingly, and perpetual injunction. It may or may not be that defendant’s patent is an improvement; but whether that be so or not, he cannot infringe tho plaintiff’s patents, the validity of which is undisputed. As to the damages, B. Gratz Brown will be appointed special master pro hue vice.

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Bluebook (online)

25 F. 282, 1885 U.S. App. LEXIS 2249, Counsel Stack Legal Research, https://law.counselstack.com/opinion/filley-v-littlefield-circtedmo-1885.