Meurer Steel Barrel Co. v. Boyle Mfg. Co.

Good Law
9 F.2d 92·1925 U.S. Dist. LEXIS 1305
United States District Court, Southern District of CaliforniaDecember 14, 1925California4,281 words

Opinion

Lead Opinion

Lindley, J.

Plaintiff, owner of patent No. 891,895 to Young, sues, charging infringement thereof and praying fot an accounting. The patent has expired since the commencement of the action. It relates “to metal or steel barrels, or similar receptacles, in which the heads, formed separately from the body, are secured to the latter in such manner that a fluid-tight receptacle is provided*- this being accomplished in an improved manner by means of a malleable iron clamping ring.” The pateqt has been held valid in prior litigation. Meurer Steel Barrel Co. v. National, etc., Co. (D. C.) 242 F. 273 ; Meurer Steel Barrel Co. v. Draper Co. (D. C.) 260 F. 410 ; Meurer Steel Barrel Co. v. Cleveland Co., 268 F. 536 (C. C. A. 6th Circuit). A full and complete description and explanation of Young’s patent is set forth in the District Court opinions of Judge Chatfleld and Judge Westenhaver, and in this opinion will not be enlarged upon, except to the extent necessary to make plain this court’s interpretation of the patent.

The defendant’s construction complained of is very similar to that of the defendant in the case last cited, known as “old construction.” The defendant admits the construction of the…

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