Regina Music-Box Co. v. Guendet

U.S. Circuit Court for the District of Southern New York

Regina Music-Box Co. v. Guendet

87 F. 333, 1898 U.S. App. LEXIS 2586

CourtU.S. Circuit Court for the District of Southern New York

DecidedMay 13, 1898

DocketNo. 7

StatusPublished

This text of 87 F. 333 (Regina Music-Box Co. v. Guendet) is published on Counsel Stack Legal Research, covering U.S. Circuit Court for the District of Southern New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Regina Music-Box Co. v. Guendet, 87 F. 333, 1898 U.S. App. LEXIS 2586 (circtsdny 1898).

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Opinion

SHIPMAN, Circuit Judge.

The bill in equity in this case was based upon the infringement by the defendant of the three claims of letters patent No. 500,372, dated June 27, 1893, and issued to Gustav A. Brachhausen and Paul Riessner, for an improved fly fan or governor for music boxes. The patent is, and was at the commencement of the suit, owned by the complainant. The defendant appeared in the case, and filed an answer, to which the complainant filed a replication. Prima facie, answering, and rebuttal proofs were taken by the respective parties, in the taking of which the defendant participated. In the answering proofs, the defendant calk'd no witness, but introduced eight prior letters patent. Upon the hearing before this court, the complainant appeared, and was heard by Ms counsel, Antonio Knauth, Esq.; and the defendant did not appear. The validity of the patent has been sustained in this district by Judge Townsend, in Music-Box Co. v. Paillard, 85 Fed. 644. Infringement in this case is proved. I perceive no reason why the usual interlocutory decree for an injunction against the infringement of the three claims of the patent, and for an accounting, should not be entered.

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SHIPMAN, Circuit Judge.

The bill in equity in this case was based upon the infringement by the defendant of the three claims of letters patent No. 500,372, dated June 27, 1893, and issued to Gustav A. Brachhausen and Paul Riessner, for an improved fly fan or governor for music boxes. The patent is, and was at the commencement of the suit, owned by the complainant. The defendant appeared in the case, and filed an answer, to which the complainant filed a replication. Prima facie, answering, and rebuttal proofs were taken by the respective parties, in the taking of which the defendant participated. In the answering proofs, the defendant calk'd no witness, but introduced eight prior letters patent. Upon the hearing before this court, the complainant appeared, and was heard by Ms counsel, Antonio Knauth, Esq.; and the defendant did not appear. The validity of the patent has been sustained in this district by Judge Townsend, in Music-Box Co. v. Paillard, 85 Fed. 644. Infringement in this case is proved. I perceive no reason why the usual interlocutory decree for an injunction against the infringement of the three claims of the patent, and for an accounting, should not be entered.

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Bluebook (online)

87 F. 333, 1898 U.S. App. LEXIS 2586, Counsel Stack Legal Research, https://law.counselstack.com/opinion/regina-music-box-co-v-guendet-circtsdny-1898.

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