Murray v. Orr & Lockett Hardware Co.

Citations

• 153 F. 369
• 82 C.C.A. 445
• 1907 U.S. App. LEXIS 4419

Syllabus

<p>1. Patents — Suit fob Infringement — Alleged New Infringements.</p> <p>Where a patent has been adjudged valid and infringed and an accounting ordered, it is the better practice to require the complainant to set up any alleged new infringements by supplemental bill, which can be disposed of and the order of reference modified as required, rather than to extend the accounting to devices which have not been adjudged to infringe and entail costs upon the parties which may prove unnecessary,</p> <p>2. Same — Matters Concluded by Decree.</p> <p>It is not open to a defendant on the question of additional infringements after a decree adjudging infringement by one device to refer to the prior art to limit the scope of the invention to less than was found by the court on the original hearing.</p> <p>3. Same — Infringement—Store Service Ladders.</p> <p>The Murray patent, No. 442,531, for a store service ladder, held infringed.</p>