Butler v. Burgh Plow Co.

This is a suit for infringement of letters patent No. 1,-233,107, for a road-building -machine, dated July 10, 1917, issued to Rolla M. Myers, and assigned to appellee; - of patent No. 1,401,-149, for combined spreader and roller, dated December 27, 1921, issued to appellee, as assignee of Harry C. Poster; and of patent No. 1,470,157, for a stone spreader, dated October 9,1923, issued to appellee as assignee -of Joseph L. Pike.

It is alleged in the complaint that the inventions, covered by said letters patent,' are capable of joint use, and are intended to be jointly used in road machines, manufactured and sold by appellee, and in similar machines, manufactured and sold by appellants, and that the appellee is now the sole owner of said letters patent, and all the rights thereunder, including the right to recover for past infringement; that the appellants jointly and severally infringed said letters patent and each of them by making, selling, and using, or causing to be made, sold, and used, machines, containing the inventions of said letters patent and the claims thereof. The bill of complaint contains the usual allegations of irreparable damage and injury to the appellee by…