Home/U.S. Circuit Court for the District of Eastern New York/Morrin v. Lawler

Morrin v. Lawler

90 F. 285, 1898 U.S. App. LEXIS 2495
CourtU.S. Circuit Court for the District of Eastern New York
DecidedOctober 6, 1898
DocketNos. 1, 2, and 3
StatusPublished
Cited by2 cases

This text of 90 F. 285 (Morrin v. Lawler) is published on Counsel Stack Legal Research, covering U.S. Circuit Court for the District of Eastern New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Morrin v. Lawler, 90 F. 285, 1898 U.S. App. LEXIS 2495 (circtedny 1898).

Opinion

THOMAS, District Judge.

On 23d December, 1884, there were issued to the complainant, Thomas F. Morrin, and his co-inventor, Walter W. Scott, letters patent of the United States numbered 309,-727, for certain improvements in steam generators, of which, by assignment bearing date January 28, 1888, said Morrin became the sole owner. Such letters are marked “Exhibit 2.” On 17th November, 1891, there were issued to said Morrin letters patent numbered 463,-307, for certain improvements in steam generators, and these letters are marked “Exhibit 4.” On 17th November, 1891, there were issued to said Morrin letters patent numbered 463,308, for certain improvements in sectional casings for steam generators, and these letters are marked “Exhibit 5.” For some time previous to tbe year 1895, said Morrin, in the city of Brooklyn, N. Y., under the name of the “Clon-brock Steam-Boiler Works,” constructed what was known as the “Climax Boiler,” purporting to make the same pursuant to said patents, or some of them; but on 22d January, 1895, Morrin executed to the Clonbrock Steam-Boiler Company, a corporation, an agreement licensing said company to manufacture and sell boilers made pursuant to said letters patent. The agreement was executed in behalf of said company by Thomas J. Lawler, a defendant, who was a stockholder in, and a director, vice president, and general manager of, such company, and contained certain stipulations to be kept by said company, among which was the following: “The party of the second part expressly admits the validity of the several letters patent enumerated in this agreement, and agrees not to contest the same.” Lawler’s official relation to the company continued until the early part of the year 1896, when he was not re-elected as a director, whereupon he retired from official connection with the company, but continued to hold 450 of the 2,000 shares of stock issued by it. Previous to this time, both before and after the formation of the company, Lawler had been not only a trusted' and confidential manager in the manufacture and marketing of Climax boilers, and the general conduct of the business relating thereto, but also had complete knowledge of the -business, in its details and ramifications, and was in many instances known to persons who had purchased and were using the Climax boiler, or knew of it and its manufacturers directly or by reputation. Previous to Lawler’s deposition from official connection with the company, there is evidence of hostility on his part inconsistent with a loyal representation of its interests, which appears in an attempted association of persons to manufacture boilers similar to, or identical with, the Climax’ boilers, and compass the financial embarrassment of the said company. Following Lawler’s actual disconnection with the company, he employed some of its skilled workmen, and, under the name' of the “Columbian Steam-Boiler Works,” undertook the manufacture of boilers that in all essential particulars were duplications of the Climax boiler, and in May, 1896, actually began the construction of such a boiler for the defendant the Edison Electric Illuminating Company of Brooklyn; and during such year Lawler completed, and the Edison Company accepted, such boiler, notwithstanding a notice to each of them that the boiler was an infringement of Climax boilers, four of which boilers, bearing the .patent stamp of the complainant, [287]*287had been- purchased by and were m use by such Edison Company before the erection of the boiler by Lawler. It results from what has been stated that the parties defendant in these actions, if they be infringers, became such with every opportunity of knowing the facts that support or impair the complainant’s claim. It should be added that the boiler for the Edison Company is claimed to have been erected pursuant to letters patent No. 562,993, for certain new and useful improvements in boilers and steam-generators, and design patent No. 25,982, for a new and original design for a boiler tube,,

[288]*288both of which letters were granted to William H. Weightman, — the first on the 30th day of June, 189G, and the second on the 1st day of September, 1896. The defendants contend (1) that the boiler con-, structed by them is not an infringement of the machine covered by the letters patent issued to or owned by Morrin; (2) that all constructions, infringement of which is claimed by Morrin, had been anticipated at the date of issuing the several letters patent to him, or to him and Scott, purporting to cover such construction; (3) that the defendants were authorized to construct the boiler under the letters patent issued to Weightman.

The first question to be considered is the right granted to Morrin & Scott, and to Morrin alone, claimed to have been infringed, and the state of the art relating to his alleged inventions at the time of his applications for letters. Exhibit 2 (No. 309,727), by the second claim of the specifications, covered—

“A steam generator provided with, tiers or horizontal series of radial, double-branched tubes, H, both branches of which enter the generator cylinder, one above tfie other, and the upper branches of one series constructed to enter said generator cylinder above the point or line where the lower branches of the next tier above enter it, substantially as set forth.”

Exhibit 4 (No. 463,307), by its first claim, provides for a—

“Steam generator having an upright generator cylinder, provided with tiers of double-branched, radial, obliquely arranged generating tubes, both branches of which are secured in the shell of said generator cylinder, and extend therein to an equal extent, said tubes being arranged about the entire periphery of the cylinder and overlapping one another, as set forth.”

The particular form of these tubes is covered by the second claim of Exhibit 4 (No. 463,307), which is as follows:

“A steam generator 'having an upright generator cylinder, provided with tiers of generating tubes, b, of loop-like form, said loop having a pear-shaped outline when seen in plan, and each loop having at one side a lobe
x ' XX
formed by the short out-curve at b and the short in-curve at b , the planes of the loops in the tubes being set obliquely to the axis of the generator cylinder, substantially as set forth.”

There are several characteristics of this improved steam generator: (1) The radial tubes are to be heated by an annular grate surrounding an upright generating cylinder. (2) The tubes are arranged so that the upper branches of one tier overlap, and enter the cylinder above the lower branches of the next tier above. See Exhibit 2. (3) The tubes are set obliquely to the axis of the generator cylinder. See Exhibits 2 and 4. (4) The tubes extend to an equal extent in the generator cylinder. See Exhibit 4, claim 1, modifying Exhibit 2, wherein provision was made for two cylinders, each receiving one end of the tube. (5) The tubes are of ogee form, described in claim 2 of Exhibit 4. The boilers constructed by the complainant, known as -the “Climax Boiler,” and the boiler constructed by the defendants, possess all these features, and such features give utility to such boilers. For the purpose of showing anticipation, the defendants, upon the argument, limited their contention to the patents now to be discussed, save in the matter of the casing of the boiler.

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Related

Morrin v. Robert White Engineering Works
138 F. 68 (U.S. Circuit Court for the District of Eastern New York, 1905)
Morrin v. Lawlor
99 F. 977 (Second Circuit, 1900)

Cite This Page — Counsel Stack

Bluebook (online)
90 F. 285, 1898 U.S. App. LEXIS 2495, Counsel Stack Legal Research, https://law.counselstack.com/opinion/morrin-v-lawler-circtedny-1898.