Yates v. Smith
Court of Appeals for the Third Circuit
Appeal from the District Court of the United States for the District of New Jersey; J. Warren Davis, Judge. Suit in equity by John W. Yates against Charles R. Smith, executor of Frank F. Smith, deceased, and another. Decree for defendants (271 Fed. 27), and complainant appeals.
1Opinion of the Court
BUFFINGTON, Circuit Judge.
This case is the last of a protracted patent litigation between one Smith, a patentee, and Yates, his er business associate, wherein Smith’s invention was finally sustained, infringement decreed and accounting ordered. See Smith v. Yates (D. C.) 216 Fed. 361, and 216 Fed. 359, 132 C. C. A. 503. During this litigation, no successful claim was made by Yates that Smith, in the prosecution and enjoyment of his business, was himself an infringer; but after the close of this litigation, and an attempt to reopen the controversy, Yates acquired from one Bogenberger a patent,…
2Cases cited3 opinions
- Vanmanen v. LeonardCourt of Appeals for the Sixth Circuit · 1918
- Frank F. Smith Metal Window Hardware Co. v. YatesDistrict Court, S.D. New York · 1914
- Frank F. Smith Metal Window Hardware Co. v. YatesCourt of Appeals for the Second Circuit · 1914
3Cited by6 opinions
- Gillons v. Shell Co. of CaliforniaCourt of Appeals for the Ninth Circuit · 1936
- Frank F. Smith Hardware Co. v. S. H. Pomeroy Co.Court of Appeals for the Second Circuit · 1924
- Elevator Supplies Co. v. Graham & Norton Co.Court of Appeals for the Third Circuit · 1930
- Luellen v. Baldwin Locomotive WorksDistrict Court, E.D. Pennsylvania · 1926
- Kausal v. American Seating Co.Court of Appeals for the Third Circuit · 1932
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