Nathaniel Shipman
Judge Shipman no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Shipman decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
He found infringement when the accused device used the material and useful part of the patented modification.
“The defendant has used the material and useful part of the modification specified in the first claim, and therefore has infringed. Rich v. Close [Case No. 11,757]; Fuller v. Yentzer, 94 U. S. 288. Let there be a decree for an injunction and an account”
He granted interim trademark relief when employee conduct showed that management's prior compliance instructions were not being followed.
“the orders have not been obeyed by the persons *143in charge of the men’s furnishing department, and may be still disobeyed. The conduct of these persons cannot be successfully defended. The amount of sales was small, but it is apparent that the litigation is to be continued, and, for the reason which I have given, 1 think that an injunction pendente Kte should be issued. The motion is granted.”
Cautions
He denied preliminary patent relief when infringement remained genuinely doubtful and a prompt final hearing could resolve the issue.
“I do not decide that there is no infringement, but I think there are such doubts in regard to the question that a temporary injunction should not be granted, especially as assurances were given that a prompt final hearing can be had. The case is in such narrow limits that these assurances can be fully carried out.”
He required a foreign estate representative to obtain local authority before suing in Connecticut.
“The decisions are to the effect that a foreign executor cannot sue in another country or another state by virtue of his foreign appointment, but must obtain new powers, and give new security, in the state where he brings suit, unless the statute of the latter state has otherwise provided. Holcomb v. Phelps, 16 Conn. 127; Marcy v. Marcy, 32 Conn. 308; Noonan v. Bradley, 9 Wall. 395. When the fact appears upon the face of the complaint that the plaintiff’s authority was derived from the foreign appointment alone, the defect can be pointed out by demurrer. The demurrer is sustained.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“The conduct of these persons cannot be successfully defended. The amount of sales was small, but it is apparent that the litigation is to be continued, and, for the reason which I have given, 1 think that an injunction pendente Kte should be issued. The motion is granted.”
“The inconvenience of trying this question before the master, (who has commenced his hearing) is not equal to the inconvenience and expense which would result from delay and a trial before the court The pecuniary result which is probably involved in this suit does not justify the delay, inasmuch as the decision of the question will be reached before the master, and by exceptions to his finding. The motion is denied.”
“It follows, that a certificate of division would not enable the judgment in this case to be reviewed by the supreme court; and the motion for a certificate of division of opinion 's denied.”
“Before SHIPMAN, District Judge. Motion having been made by the plaintiffs in the above-entitled action for a temporary injunction to restrain the defendant from publishing, printing, representing or performing ‘Round the World in Eighty Days,’ a comedy drama adapted from the French of Jules Verne, and the said motion having come on regularly to be heard, and on reading and filing the notice of motion, bill of complaint and affidavits of plaintiffs attached, and af*239ter hearing Messrs. Van Wyck, of counsel for the plaintiff, for the motion, and A. Oakley Hall, of counsel for the defendant, in opposition thereto, it is ordered that said motion for a temporary injunction in the above-entitled cause be, and the same is hereby, denied.”
“SHIPMAN, District Judge. Duty is properly exacted on ‘abandoned’ goods,—that is, on goods never withdrawn from warehouse for any purpose, but left at the disposal of the government, and permitted to be sold. The ten per centum additional duty imposed by act of March 14, 1866 [14 Stat. 8], upon goods withdrawn from warehouse after one year from date of importation, is also to be assessed upon goods never withdrawn, but sold to satisfy duties, and such amount is to be deducted from proceeds of sale in addition to the regular duties. It is clearly the intention *333and meaning of the -warehouse acts that the government should receive the same duties on goods abandoned and sold to satisfy duties that it -would have received if the same goods had been withdrawn for consumption.”
“The averments in the hill state a compliance with the statutory provisions, and follow the language of the statute, and are more full than those in precedents which have received the sanction of high authoritj1'. Curt. Eq. Free. 38. The demurrers are overruled, with costs, and leave to answer on the next succeeding rule-day.”
“Upon all the material questions in the case there was sufficient evidence to justify the verdict of the jury. Motion denied.”
“The decision in U. S. v. Hand [Case No. 15,296], which is relied upon by the defendants, is not in point. Judgment for the plaintiff.”
“I do not decide that there is no infringement, but I think there are such doubts in regard to the question that a temporary injunction should not be granted, especially as assurances were given that a prompt final hearing can be had. The case is in such narrow limits that these assurances can be fully carried out.”
“That amount was the amount Of duties existing at the date of the bond, or to be thereafter enacted, prior to the expiration of three years, with the addition of ten per cent, in case the goods were not withdrawn until after the expiration of one year. Judgment should be entered upon the verdict according to these principles”
“Det there be a new trial, and verdict set aside, unless the plaintiffs shall consent to remit $2,-525 of the verdict; such remittitur to be filed with the clerk on or before December 15. 1S7G. In the event of the remittitur, judgment to be entered for $1.475, as of the date of the verdict.”
A historical record
Judge Shipman no longer hears cases. This profile stays available as a record of how they ruled. If you're preparing for a matter, start from the court's current bench.