Legal Opinion

Newhall v. McCabe Hanger Mfg. Co.

Court of Appeals for the Second Circuit

Decided October 3, 1903No. 144PublishedCited by 8 opinions

Appeal from the Circuit Court of the United States for the Southern District of New York. Appeal from an order of the United States Circuit Court for the Southern District of New York granting an interlocutory injunction in a suit for infringement of complainant’s patents Nos. 680,415 and 680,458, granted August 13, 1901, to O. H. Kingsland. For opinion below see 117 Fed. 621.

1Opinion of the Court

TOWNSEND, Circuit Judge.

The patents in suit relate to door-closing apparatus so constructed as to operate automatically in case of fire. They cover generally an ordinary self-closing fire door and thermal fuse, in combination with a sliding catch or bolt so arranged that, while normally holding said door open, the bolt is releasable by heat and permits the door to close by its own weight.

The bill was filed within one year after the issuance of the patents in suit, they have never been litigated, and there is no proof of public acquiescence. Complainant, however, relies upon a decision adverse…

2Cases cited2 opinions

  1. Dickerson v. De la Vergne Refrigerating Machine Co.U.S. Circuit Court for the District of Southern New York · 1888
  2. Reed Mfg. Co. v. Smith & Winchester Co.Court of Appeals for the Second Circuit · 1901

3Cited by8 opinions

  1. Carter-Wallace, Inc. v. Davis-Edwards Pharmacal Corp.Court of Appeals for the Second Circuit · 1971
  2. Simson Bros. v. Blancard & Co.Court of Appeals for the Second Circuit · 1927
  3. Packard Paper Box Co. v. O. B. Andrews Co.Court of Appeals for the First Circuit · 1933
  4. Hildreth v. NortonCourt of Appeals for the Second Circuit · 1908
  5. Turner Brass Works v. Appliance Mfg. Co.U.S. Circuit Court for the Northern District of Illnois · 1908

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