Timolat v. Franklin Boiler Works Co.
Court of Appeals for the Second Circuit
Appeal from the Circuit Court of the United States for the Northern District of New York. _ This cause comes here upon appeal from an order granting injunction pendente lite against the infringement of United States letters patent No. 369,120, August 20, 1887, to John Moffet for “portable drilling machine.” The patent contains four claims. The order covers all of them.
1Opinion of the Court
FACOMBE, Circuit Judge.
In'July, 1901, at final hearing upon pleadings and proofs, the Circuit Court, Southern District of New York, sustained the first three claims of the patent in the suit of Timolat v. Manning, 110 Fed. 206 (which was begun July, 1899), and found them to be infringed by the device then before the court. Subsequently, in November, 1901, suit was brought against another infringer- upon a different device, and a preliminary injunction was therein granted by the same judge who heard the Manning Case, no opinion being written. Appeal was taken in that case, but abandoned by…
2Cases cited3 opinions
- Edison Electric Light Co. v. Mt. Morris Electric Light Co.U.S. Circuit Court for the District of Southern New York · 1893
- Timolat v. ManningU.S. Circuit Court for the District of Southern New York · 1901
- American Graphophone Co. v. National Gramophone Co.U.S. Circuit Court for the District of Southern New York · 1898
3Cited by6 opinions
- Celite Corporation v. Dicalite Co.Court of Appeals for the Ninth Circuit · 1938
- Capewell Horse Nail Co. v. GreenCourt of Appeals for the Second Circuit · 1911
- Timolat v. Philadelphia Pneumatic Tool Co.U.S. Circuit Court for the District of Southern New York · 1904
- Armstrong v. Motorola, Inc.District Court, N.D. Illinois · 1964
- Timolat v. Philadelphia Pneumatic Tool Co.District Court, S.D. New York · 1903
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