Warner Bros. v. Warren-Featherbone Co.

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

Warner Bros. v. Warren-Featherbone Co.

97 F. 604, 1899 U.S. App. LEXIS 3327

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

DecidedSeptember 5, 1899

StatusPublished

This text of 97 F. 604 (Warner Bros. v. Warren-Featherbone Co.) 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

Warner Bros. v. Warren-Featherbone Co., 97 F. 604, 1899 U.S. App. LEXIS 3327 (circtsdny 1899).

Pincite

Opinion

WHEELER, District Judge.

The bills in these eases are each in the usual form for the infringement of a patent, but the patent is not annexed to or in any way made a part of the bill. The issue of the patent is well stated for the new and useful invention mentioned, as by a certified copy “to be produced will more fully appear.” The demurrers are to such parts of the bill as relate to particular claims specified by their respective number's. The bills would be good if they should be maintained by proof, and they would be maintained in this respect if the patents, when produced, should be valid. When they are produced, they will be evidence in support of the bills, but not parts of the bill. The bills appear to be sufficient, although the-patents may not, when produced, be sufficient to maintain them. As the bills are drawn, the question as to the validity of the patents upon their face does not yet arise, and cannot now properly be considered. It is merely a moot question in the cases. Demurrers overruled, defendants to answer by October rule day. ‘

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WHEELER, District Judge.

The bills in these eases are each in the usual form for the infringement of a patent, but the patent is not annexed to or in any way made a part of the bill. The issue of the patent is well stated for the new and useful invention mentioned, as by a certified copy “to be produced will more fully appear.” The demurrers are to such parts of the bill as relate to particular claims specified by their respective number's. The bills would be good if they should be maintained by proof, and they would be maintained in this respect if the patents, when produced, should be valid. When they are produced, they will be evidence in support of the bills, but not parts of the bill. The bills appear to be sufficient, although the-patents may not, when produced, be sufficient to maintain them. As the bills are drawn, the question as to the validity of the patents upon their face does not yet arise, and cannot now properly be considered. It is merely a moot question in the cases. Demurrers overruled, defendants to answer by October rule day. ‘

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Bluebook (online)

97 F. 604, 1899 U.S. App. LEXIS 3327, Counsel Stack Legal Research, https://law.counselstack.com/opinion/warner-bros-v-warren-featherbone-co-circtsdny-1899.