Curtiss Aeroplane & Motor Corp. v. Janin
Court of Appeals for the Second Circuit
Appeal from the District Court of the United States for the Eastern District of New York. Suit in equity by the Curtiss Aeroplane & Motor Corporation and Glenn H. Curtiss against Albert S. Janin and the Janin Company, Inc. Decree for defendants, and complainants appeal. Suit is brought under Rev. Stat. § 4915 (Comp.
Read the full summary
Appeal from the District Court of the United States for the Eastern District of New York. Suit in equity by the Curtiss Aeroplane & Motor Corporation and Glenn H. Curtiss against Albert S. Janin and the Janin Company, Inc. Decree for defendants, and complainants appeal. Suit is brought under Rev. Stat. § 4915 (Comp. St. g 9460), and is in substance a complaint by one inventor (Curtiss) that the Commissioner of Patents has refused to him and granted to another inventor (Janin) a certain “patent on an application,” meaning thereby that a claim was, after interference proceedings, awarded to…
1Opinion of the CourtHough, Circuit Judge
(after stating the facts as above). [ 1 j Hie principal plaintiff herein is a patent seeker, exercising his statutory right of demanding from a court of equily what the regular administrative bureau has refused. Such a party is very properly compelled to assume a heavy burden of evidence. Not only must his case carry thorough conviction by the character and amount of evidence (Morgan v. Daniels, 153 U. S. 120, 14 Sup. Ct. 772, 38 L. Ed. 657), but, if facts are seriously in dispute, he must adduce in his equity suit new and persuasive testimony not submitted to the administrative tribunal…
2Cases cited8 opinions
- Morgan v. DanielsSupreme Court of the United States · 1894
- Hill v. WoosterSupreme Court of the United States · 1890
- Automatic Weighing Mach. Co. v. Pneumatic Scale Corp.Court of Appeals for the First Circuit · 1909
- Christie v. SeyboldCourt of Appeals for the Sixth Circuit · 1893
- McCreery Engineering Co. v. Massachusetts Fan Co.Court of Appeals for the First Circuit · 1912
3 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Radtke Patents Corporation v. CoeCourt of Appeals for the D.C. Circuit · 1941
- Loughran v. Quaker City Chocolate & Confectionery Co.Court of Appeals for the Third Circuit · 1924
- General Electric Co. v. Hygrade Sylvania CorporationDistrict Court, S.D. New York · 1944
- Harper v. ZimmermannDistrict Court, D. Delaware · 1930
- Nieman v. Plough Chemical Co.Court of Appeals for the Sixth Circuit · 1927
15 more not listed; retrieve them via the Exa API.