Mallory Manuf'g Co. v. Hickok

U.S. Circuit Court for the District of Connecticut

Mallory Manuf'g Co. v. Hickok

20 F. 116, 1884 U.S. App. LEXIS 2158

CourtU.S. Circuit Court for the District of Connecticut

DecidedApril 5, 1884

StatusPublished

Cited by3 cases

This text of 20 F. 116 (Mallory Manuf'g Co. v. Hickok) is published on Counsel Stack Legal Research, covering U.S. Circuit Court for the District of Connecticut primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Mallory Manuf'g Co. v. Hickok, 20 F. 116, 1884 U.S. App. LEXIS 2158 (circtdct 1884).

Pincite

Opinion

Shipman, J.

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 ahd 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 use twisted wire, and, for the purposes of [117]*117this motion, it is admitted that round bent wire is used. The only question is whether such use is an infringement. Upon the decisión 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 BiiVroiíí'os» says in his opinion that the specification uses the word “ bent” as synonymous with the word “twisted; ” and further says: “The hoop of the claim must be a spring hoop twisted substantially in the manner described in the patent. This construction is necessary to sustain the claim, in view of the state of the art as shown.” 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, hut, for the purposes of this motion, it is not expedient to depart from Judge Blatoheoiid’s construction, which was carefully given.

The motion is denied.

Free access — add to your briefcase to read the full text and ask questions with AI

Shipman, J.

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 ahd 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 use twisted wire, and, for the purposes of [117]*117this motion, it is admitted that round bent wire is used. The only question is whether such use is an infringement. Upon the decisión 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 BiiVroiíí'os» says in his opinion that the specification uses the word “ bent” as synonymous with the word “twisted; ” and further says: “The hoop of the claim must be a spring hoop twisted substantially in the manner described in the patent. This construction is necessary to sustain the claim, in view of the state of the art as shown.” 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, hut, for the purposes of this motion, it is not expedient to depart from Judge Blatoheoiid’s construction, which was carefully given.

The motion is denied.

Cite This Page — Counsel Stack

Bluebook (online)

20 F. 116, 1884 U.S. App. LEXIS 2158, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mallory-manufg-co-v-hickok-circtdct-1884.

Opinion

Related

Cite This Page — Counsel Stack