Legal Opinion

American Steel Foundries v. Bettendorf Axle Co.

District Court, S.D. Iowa

Decided February 17, 1917Published

In Equity. Suit by the American Steel Foundries and the J. S. Andrews Company against the Bettendorf Axle Company. Heard on cross-bill.

1Opinion of the Court

WADE, District Judge.

On January 25, 1896, James Seymour Hardie filed application for patent upon “a new and improved metallic car truck,” upon which, with subsequent amendments, a patent issued October 6, 1896. On June 1, 1903, William Bettendorf made application for patent for “certain new and useful improvements in car trucks,” upon which letters patent were issued October 6, 1903.

In Wolff Truck Frame Co. v. American Steel Foundries et al., 195 Fed. 940, 115 C. C. A. 628, the Circuit Court of Appeals (Seventh Circuit) held (January 2, 1912) the Hardie patent to be void for insufficiency of…

2Cases cited8 opinions

  1. Loom Co. v. HigginsSupreme Court of the United States · 1882
  2. Gayler v. WilderSupreme Court of the United States · 1851
  3. Duer v. Corbin Cabinet Lock Co.Supreme Court of the United States · 1893
  4. Dilg v. George Borgfeldt & Co.Court of Appeals for the Second Circuit · 1911
  5. Wolff Truck Frame Co. v. American Steel FoundriesCourt of Appeals for the Seventh Circuit · 1912

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