Union Switch & Signal Co. v. Philadelphia & R. R.
U.S. Circuit Court for the District of Eastern Pennsylvania
This was a bill by the Union Switch & Signal Company against the Philadelphia Reading Railroad Company and its receivers for alleged infringement of five patents relating to apparatus for electric railway signaling. A demurrer to the bill on the ground of multifariousness was heretofore sustained by the court. 68 Fed. 913. Thereafter an amendment was allowed, and the order sustaining the demurrer was vacated, and an order entered overruling the same.
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This was a bill by the Union Switch & Signal Company against the Philadelphia Reading Railroad Company and its receivers for alleged infringement of five patents relating to apparatus for electric railway signaling. A demurrer to the bill on the ground of multifariousness was heretofore sustained by the court. 68 Fed. 913. Thereafter an amendment was allowed, and the order sustaining the demurrer was vacated, and an order entered overruling the same. Id. 9M. Defendants thereafter filed certain pleas, which complainants have moved to strike from the files.
1Opinion of the Court
DALLAS, Circuit Judge.
This suit is brought upon five'pa tents. The bill, as originally filed, alleged:
“That the things patented in and by said recited patents constitute and are important elements of a railway electrical signaling apparatus, and are so nearly allied in character as to bo capable of conjoint as well as separate use, and that they are and have been so used by the defendants.”
Notwithstanding this allegation, the bill was demurred to, upon the ground, among others.:
“That it nowhere in said bill of complaint appears, nor is it alleged, that the improvements recited in said patents…
2Cases cited11 opinions
- Hayes v. DaytonU.S. Circuit Court for the District of Southern New York · 1880
- Sharp v. ReissnerU.S. Circuit Court for the District of Southern New York · 1881
- Korn v. WiebuschU.S. Circuit Court for the District of Southern New York · 1887
- Union Switch & Signal Co. v. Philadelphia & R. R.U.S. Circuit Court for the District of Eastern Pennsylvania · 1895
- Barney v. PeckU.S. Circuit Court for the District of Southern New York · 1883
6 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Wilkins Shoe-Button Fastener Co. v. WebbU.S. Circuit Court for the District of Northern Ohio · 1898
- Harper v. HolmanU.S. Circuit Court for the District of Eastern Pennsylvania · 1897
- Knox Rock-Blasting Co. v. Rairdon Stone Co.U.S. Circuit Court for the District of Southern Ohio · 1898
- Rose Mfg. Co. v. E. A. Whitehouse Mfg. Co.U.S. Circuit Court for the District of New Jersey · 1911
- Thresher v. General Electric Co.U.S. Circuit Court for the District of Northern New York · 1906
6 more not listed; retrieve them via the Exa API.