Morgan Envelope Company v. Albany Perforated Wrapping Paper Company

This was a bill in equity to recover damages for the infringement of three letters patent issued to Oliver H. Hicks, of Chicago, and assigned to the appellant, viz.: Patent No. 325,410, issued September 1, 1885, for a 'package of toilet paper,' known as the 'Oval Roll' or 'Oval King' package; (2) patent No. 325,174, issued August 25, 1885, for a 'toilet-paper fixture;' (3) patent No. 357,993, issued February 15, 1887, for an 'apparatus for holding toilet paper.' These are known as the 'Oval King' fixtures.

The answer made the usual denials of novelty and infringement.

Upon a hearing upon pleadings and proofs, the court dismissed the bill, except as to the fifth claim of patent No. 357,993, upon which a decree was ordered for plaintiff, without costs. 40 Fed. 577. From this decree plaintiff appealed to this court.

Melville Church, Joseph B. Church, and C. E. Mitchell, for appellant.

Esek Cowen, for appellee.

Mr. Justice BROWN, after stating the facts in the foregoing language, delivered the opinion of the court.