Olin v. Timken

This was a bill in equity by Henry Timken against Thomas D. Olin and Edwin D. Olin for the infringement of a patent. A decree was rendered for an injunction, with reference to a master for an account (37 Fed. 205); and upon the coming in of the master's report the same was sustained, and a decree rendered for complainant (41 Fed. 169). Defendants appeals.

This was a bill in equity, filed by Henry Timken in the circuit court of the United States for the Southern district of Ohio against Thomas D. Olin and Edwin D. Olin to restrain the infringement of three letters patent, namely, No. 197,689, granted to Henry Timken, November 27, 1877, for improvement in 'carriage springs'; No. 239,850, to C. W. Saladee, April 5, 1881, for 'road wagon'; reissue patent No. 9,542, granted January 25, 1881, being a reissue of patent No. 157,430, to Tilton & Stivers, for improvement in 'springs for vehicles,' dated December 1, 1874. Complainant charged that these patents were capable of conjoint use with each other, and that defendants infringed them all. The answer set up want of patentability; anticipation; prior public use; noninfringement; that defendants had the right to manufacture the vehicle springs they made, under a patent (No. 246,571) granted to W. H. Stickle, August 30, 1881, reissued to the defendant Thomas D. Olin, August 21, 1883, as reissue No. 10,372, and which patent was owned by the defendants; also, that the Tilton & Stivers' reissue was utterly void, because not issued for the same invention as the original patent, and for inventions not shown or described therein. The circuit court held the patents valid, and that the defendants infringed the single claims of the Timken and Saladee patents, and the third, fourth, and fifth claims of the Tilton & Stilvers' patent, and entered a decree enjoining defendants, and referring the cause to a master for an account, which resulted in a final decree for damages to the amount of $27,897.75, and defendants appealed. The opinion will be found in 37 Fed. 205.

George J. Murray and Wm. H. Doolittle, for appellants.

Wm. M. Eccles, for appellee.

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