Legal Opinion

Curtiss Aeroplane & Motor Corp. v. United Aircraft Engineering Corp.

Court of Appeals for the Second Circuit

Decided April 1, 1920No. 143PublishedCited by 13 opinions

Appeal from the District Court of the United States for the Southern District of New York. Suit by the Curtiss Aeroplane & Motor Corporation against the United Aircraft Engineering Corporation. Decree for defendant, and complainant appeals.

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Appeal from the District Court of the United States for the Southern District of New York. Suit by the Curtiss Aeroplane & Motor Corporation against the United Aircraft Engineering Corporation. Decree for defendant, and complainant appeals. The plaintiff is a corporation organized under the laws of the state of New York, and has its principal place of business in Buffalo; but it also has a regular and established place of business in New York City, within the Southern district of New York. The defendant is likewise a corporation organized under the laws of New York, and maintains its office…

1Opinion of the Court

ROGERS, Circuit Judge.

[1] This suit is brought under the Patent Laws of the United States for the alleged infringement by defendant of thirteen patents issued by the United States. The patents so said to be infringed are named in the margin.1 The defendant is charged with selling and offering for sale in the United States aero-planes manufactured in Canada pursuant to certain agreements between plaintiff and the British government; the Canadian manufacture having been conducted by a corporation created by that government for that purpose. The total number of claims involved is 80. All the…

2Cases cited17 opinions

  1. Waterman v. MacKenzieSupreme Court of the United States · 1891
  2. Bloomer v. McQuewanSupreme Court of the United States · 1853
  3. Adams v. BurkeSupreme Court of the United States · 1873
  4. United States v. United Shoe Machinery Co. of New JerseySupreme Court of the United States · 1917
  5. Boesch v. GraffSupreme Court of the United States · 1890

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3Cited by13 opinions

  1. Sanofi, S.A. v. Med-Tech Veterinarian Products, Inc.District Court, D. New Jersey · 1983
  2. Fuji Photo Film Co. Ltd. v. Jazz Photo Corp.District Court, D. New Jersey · 2003
  3. Lexmark International, Inc. v. Impression Products, Inc.Court of Appeals for the Federal Circuit · 2016
  4. Philadelphia Storage Battery Co. v. Radio Corp. of AmericaCourt of Chancery of Delaware · 1937
  5. Kabushiki Kaisha Hattori Seiko v. Refac Technology Development Corp.District Court, S.D. New York · 1988

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