Hammerschlag Manuf'g Co. v. Spalding

U.S. Circuit Court for the District of Massachusetts

Hammerschlag Manuf'g Co. v. Spalding

35 F. 66, 1886 U.S. App. LEXIS 2415

CourtU.S. Circuit Court for the District of Massachusetts

DecidedNovember 17, 1886

StatusPublished

This text of 35 F. 66 (Hammerschlag Manuf'g Co. v. Spalding) is published on Counsel Stack Legal Research, covering U.S. Circuit Court for the District of Massachusetts primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Hammerschlag Manuf'g Co. v. Spalding, 35 F. 66, 1886 U.S. App. LEXIS 2415 (circtdma 1886).

Pincite

Opinion

Colt, J.

In view of the broad construction given to the fifth claim of the Hammerschlag patent by various courts, and especially in view of [67]*67the decision of Judge Lowell in the Wood Case, 18 Fed. Rep. 175. Iain clearly of opinion that the complainant is entitled to a preliminary injunction. The Spaulding machine manifestly comes within the scope of these decisions. Differences of such a class as exist between the Spaulding and Hammerschlag machines have been held not to relieve a party from the charge of infringement. Injunction granted.

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Colt, J.

In view of the broad construction given to the fifth claim of the Hammerschlag patent by various courts, and especially in view of [67]*67the decision of Judge Lowell in the Wood Case, 18 Fed. Rep. 175. Iain clearly of opinion that the complainant is entitled to a preliminary injunction. The Spaulding machine manifestly comes within the scope of these decisions. Differences of such a class as exist between the Spaulding and Hammerschlag machines have been held not to relieve a party from the charge of infringement. Injunction granted.

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Bluebook (online)

35 F. 66, 1886 U.S. App. LEXIS 2415, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hammerschlag-manufg-co-v-spalding-circtdma-1886.