General Electric Co. v. Cooper Hewitt Electric Co.
Court of Appeals for the Sixth Circuit
Appeal from the District Court of the United States for the Eastern Division of the Northern District of Ohio; John H. Clarke, Judge. Suit in equity hy the General Electric Company against the Cooper Hewitt Electric Company. Decree for defendant, and complainant appeals.
1Opinion of the Court
DENISON, Circuit Judge,
This is the ordinary suit for infringement, based upon patent No. 1,090,992, issued March 24, 1914, to Kuch for an improved mercury vapor lamp. Appellant acquired title to the patent and was the plaintiff below. The bill was dismissed because the patent was thought to be invalid, and the plaintiff appeals.
The conclusion of invalidity is rested upon two grounds: Eirst, that new matter was introduced into the application and was not supported by new oath; and, second, that Kuch was anticipated by Bastían, and that this priority had been adjudicated in an interference…
2Cases cited11 opinions
- Diamond Rubber Co. of New York v. Consolidated Rubber Tire Co.Supreme Court of the United States · 1911
- Railway Co. v. SaylesSupreme Court of the United States · 1878
- Hobbs v. BeachSupreme Court of the United States · 1901
- Herman v. Youngstown Car Mfg. Co.Court of Appeals for the Sixth Circuit · 1911
- Proudfit Loose Leaf Co. v. Kalamazoo Loose Leaf Binder Co.Court of Appeals for the Sixth Circuit · 1915
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3Cited by19 opinions
- National Latex Products Company v. Sun Rubber Company, Akron Presform Mold Company v. Sun Rubber CompanyCourt of Appeals for the Sixth Circuit · 1960
- Helms Products, Inc. v. Lake Shore Manufacturing Company, Inc.Court of Appeals for the Seventh Circuit · 1955
- Cold Metal Process Co. v. UNITED STATES ENG. & FOUNDRY CO.District Court, W.D. Pennsylvania · 1933
- Michigan Carton Co. v. Sutherland Paper Co.Court of Appeals for the Sixth Circuit · 1928
- Wagenhorst v. Hydraulic Steel Co.Court of Appeals for the Sixth Circuit · 1928
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