Underfeed Stoker Co. of America v. Riley

Citations

• 207 F. 963
• 1913 U.S. Dist. LEXIS 1369

Syllabus

<p>1. Patents (§ 328*)—Validity and Infringement—Underfeed Furnace.</p> <p>Tiie Daley patent No. 644,664 for a furnace having an underfeed held not anticipated, valid and infringed on motion for a preliminary injunction.</p> <p>2. Patents (§ 297*)—Suit for Infringement—Preliminary Injunction.</p> <p>When a patent has been sustained after a thorough defense by competent and diligent counsel, and the defendants’ structure, in a'subsequent case is substantially like that involved and held to infringe in the prior suit in essential particulars, the complainant should be given the benefit of such adjudication on an application for preliminary injunction, and the burden rests on the defendant to distinguish the cases.</p> <p>TEd. Note.—For other cases, see Patents, Cent. Dig. §§ 481-488; Dec. Dig. § 297.*]</p>