HutchBook.com

Circuit Court of the United States.

For the District of Connecticut.

 His Honor JUDGE SHIPMAN, Presiding.  October Term, 1880.

HENRY W. PUTNAM. vs. ANDREW J. TINKHAM.

Suit for infringement of the Miller Patent for the Improvement in Bottle Stoppers.

This suit was brought against A. J. Tinkham, Hartford, Conn.  Was defended by W. H. Hutchinson & Son.

Case dismissed.

United States District Court.

For the Northern District of Illinois.

His Honor JUDGE BLODGETT, Presiding.  April Term, 1882.

HENRY W. PUTNAM vs. GEO. C. HUTCHINSON.

HENRY W. PUTNAM vs. CHAS. C. HUTCHINSON

HENRY W. PUTNAM vs. JOHN A. LOMAX

IN EQUITY.

The above cases were decided in our favor, April 17, 1882.

Judge Blodgett concurs with Judge Shipman, of the Circuit Court of the United States, for the District of Connecticut, in holding the Miller Re-issue void as to the claims under which Putnam endeavored to hold us liable as infringers in making and selling the Hutchinson Patent Spring Stopper.

The bills were dismissed with costs against Putnam.

United States Circuit Court.

Northern District of Illinois.

CHARLES G. HUTCHINSON vs. EDWARD H. EVERETT and AMOS F. PARKHURST (In Chancerey.  Bill.)

and

EDWARD H. EVERETT and AMOS F. PARKHURST vs.

CHARLES G. HUTCHINSON. (Cross Bill.)

Friday, January 29, 1886.

Present: Hon. HENRY W. BLODGETT, District Judge.

This cause came on to be finally heard at this term upon the bill, cross bill, and other pleadings and proofs, and was argued by counsel for the respective parties, and the Court being fully advised in the premises doth overrule the motion for rehearing made herein since the final hearing, and finds that the said two patents in the bill mentioned, one being Letters Patent of the United States granted to the complainant, Charles G. Hutchinson, dated June 17, 1879, and designated as Re-issue Number 8,755, and the other being Letters Patent of the United States, granted to Amos F. Parkhurst, assignor, to said Edward H. Everett, dated December 11, 1883, Number 289,928, are interfering patents; that the said Charles G. Hutchinson is the sole owner of the said Re-issue Patent 8,755, and that the said Edward H. Everett is the sole owner of the other Patent 289,928; that the complainant, Charles G. Hutchinson, was the original and first inventor of the improvement set forth in his said Patent Re-issue, Number 8,755, and that the complainant is entitled to have the said Patent Number 289,928, declared to be void.

And it is by the Court ordered, adjudged and decreed that the Letters Patent of the United States of America, for Improvement in Bottle Stoppers, granted to Amos F. Parkhurst, assignor to said Edward H. Everett, dated December 11, 1883, Number 289, 928, be and the same are hereby revoked and annulled and declared to be wholly void and invalid, and of no effect.

It is further ordered, adjudged and decreed that the cross bill of defendants be dismissed for want of equity, and that the complainant, Charles G. Hutchinson, do recover from the defendants his costs herein to be taxed.

In the High Court of Justice.

Chancery Division.

Tuesday, the 29^th day of June, A. D. 1886.

Between AUGUST PETERSON, Plaintiff,

and

JOHN LOWDEN AND FRANCIS A. DESPARD, Trading under the name of Lowden & Co., and JAMES CLARK AND PETER CLARK, Trading under the Name of Clark Bros., Defendant.

 Before the Honorable Mr. JUSTICE FERGUSON.

This action coming on for trial on the 27^th, 28^th, 29^th and 30^th days of April last, May the 1^st last, and the 4^th and 5^th days of June last, at the Special Sittings of this Court, holden at the City of Toronto, for the trial of actions in the Chancery Division, in the presence of counsel to all parties, upon opening of the matter and upon hearing read the pleadings and proceedings had and taken herein, and upon hearing the evidence adduced and what was alleged by counsel aforesaid, this Court was pleased to direct that the said action should stand over for judgment, and the same coming on this day for judgment, this court doth declare:

1.       FIRST – That the Letters Patent for the Dominion of Canada, No. 10,347, granted to the plaintiff on the 7^th day of August, A. D. 1879, as the assignee of Charles Grove Hutchinson for the invention therein described as “Hutchinson’s Spring Bottle Stoppers,” are good and valid Letters Patent, and that the said defendants, by reason of the manufacture, use and sale of Internal Spring Bottle Stoppers, as set out in the pleadings herein, have infringed the said plaintiff’s Letters Patent, and doth order and adjudge the same accordingly.

2.     SECOND – And this Court doth further order and adjudge that the said defendants and each of them, they and each of their servants, workmen and agents be and they are hereby restrained during the continuance of said Letters Patent from making or constructing Internal Spring Bottle Stoppers similar to or only colorably differing from those recently manufactured by the defendants Lowden and Despard and by them sold to and used by the defendants the Clarks and others, in infringement of the said plaintiff’s Canadian Letters Patent, No. 70,337, and from in anywise infringing on the plaintiff’s rights as patentee.

3.     THIRD – And the Court doth further order and adjudge that it be referred to the Master in Ordinary of the Supreme Court of Judicator for Ontario to take in account of the amount of damages (if any) the plaintiff has sustained by reason of the unlawful manufacture, sale and use by the defendants of the plaintiff’s said patented invention for “Internal Spring Bottle Stoppers,” as described and claimed in Canadian Letters Patent, No. 10,337, and that such amount, when so ascertained, be paid to the plaintiff by the said defendants forthwith after said Master shall have made his report.

4.     FOURTH – And this Court doth further order and adjudge that the said defendants do pay to the said plaintiff his costs of this action, including the costs of the reference hereby directed, forthwith after taxation.