Legal Opinion

Thomson Electric Welding Co. v. Barney & Berry, Inc.

Court of Appeals for the First Circuit

Decided October 5, 1915No. 1115PublishedCited by 8 opinions

Appeal from the District Court of the United States for the District of Massachusetts; Frederic Dodge, Judge. Suit in equity by the Thomson Electric Welding Company and another against Barney & Berry, Incorporated, for infringement of letters patent No. 1,046,066, for a method of electric welding, issued to J. Harmatta December 3, 1912. Decree. for defendant, and complainants appeal.

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Appeal from the District Court of the United States for the District of Massachusetts; Frederic Dodge, Judge. Suit in equity by the Thomson Electric Welding Company and another against Barney & Berry, Incorporated, for infringement of letters patent No. 1,046,066, for a method of electric welding, issued to J. Harmatta December 3, 1912. Decree. for defendant, and complainants appeal. The following is the opinion of the District Court: Tbe Thomson Electric Welding Company owns United States patent No. 1,040,066, for improvements in electric welding, issued to Johann Harmatta December 3, 1912,…

1Opinion of the Court

PUTNAM, Circuit Judge.

This case alleges infringement of a patent for an invention, and the decree in the District Court was for the respondent. Thereupon the complainants appealed to us. The opinion of the learned judge of the District Court refers to the fact that there were 21 claims in all; the first 16 being for a method or process, and the last 5 for the product. The opinion also states that the complainant asked the court to consider only 8 of the process claims, Nos. 3 to- 6, 8, ,9, 11, and 12, and only 4 of the product claims, Nos. 17, 18, 19, and 21.

The alleged defenses are lack of…

2Cited by8 opinions

  1. Thomson Spot Welder Co. v. Ford Motor Co.Supreme Court of the United States · 1924
  2. American Electric Welding Co. v. Lalance & Grosjean Mfg. Co.District Court, D. Massachusetts · 1917
  3. Thomson Spot Welder Co. v. Ford Motor Co.Court of Appeals for the Sixth Circuit · 1922
  4. Thomson Spot Welder Co. v. Ford Motor Co.District Court, E.D. Michigan · 1920
  5. Thomson Spot Welder Co. v. Oldberg Manfg. Co.Michigan Supreme Court · 1926

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