Hall v. Frank

Citations

• 195 F. 946
• 1912 U.S. Dist. LEXIS 1695

Syllabus

<p>1. Patents (§328*)—Validity and Infringement—Bedstead Fastening.</p> <p>The Hall and Tilley patent, No. 625,164, for a bedstead fastening, for securing the spring section of a metal bedstead, in which the side bars are rigidly connected by means of the spring frame to the end pieces or post sections, discloses patentable invention, but, in view of the prior art, must be narrowly construed and limited to the exact combination shown. As so limited, held not infringed by the device of the Frank patent, No. 650,311.</p> <p>2. Patents (§ 289*)—Suit foe Infringement—Laches.</p> <p>A delay of nine years by the owner of a patent, after having knowledge of the manufacture and sale of a claimed infringing article, before bringing suit, constitutes such laches as will defeat the suit, unless excused; and it is not a sufficient excuse that complainant was prevented from sooner bringing the suit by his partner in the ownership of the patent.</p> <p>[Ed. Note.—For other cases, see Patents, Cent. Dig. §§ 467—469; Dec. Dig. § 289.*</p> <p>Laches as a defense in suits for infringement of patent, see notes to Taylor v. Sawyer Spindle Co., 22 C. C. A. 211; Richardson v. D. M. Osborne & Co., 36 C. C. A. 613.]</p>