Legal Opinion

Byerley v. Sun Co.

Court of Appeals for the Third Circuit

Decided January 19, 1911No. 35PublishedCited by 7 opinions

Appeal from the Circuit Court of the United States for the Eastern District of Pennsylvania. Suit in equity by Francis X. Byerley against the Sun Company. Decree for complainant (181 Fed. 138), and defendant appeals.

1Opinion of the Court

BUFFINGTON, Circuit Judge.

In the court below Francis X. Byerley brought suit against the Sun Company, charging infringement of patent No. 534,130, issued to him August 7, 1894, for “manufacture of asphalt, etc., from'petroleum.” On final hearing a decree was entered adjudging the patent valid, and product claim 3, and process claims 1, 3, 6, 7, 8, 9, and 10 infringed. From such decree the Sun Company appealed to this court.

After a thorough argument by counsel and a patient examination of the record and briefs, we are satisfied the decree below must, he affirmed. In the exhaustive opinion of…

2Cases cited1 opinion

  1. Byerley v. Sun Co.U.S. Circuit Court for the District of Eastern Pennsylvania · 1910

3Cited by7 opinions

  1. Alfred Bell & Co. Ltd. v. Catalda Fine Arts, Inc.Court of Appeals for the Second Circuit · 1951
  2. Barber Asphalt Paving Co. v. Standard Asphalt & Rubber Co.Court of Appeals for the Seventh Circuit · 1928
  3. Byerley v. Barber Asphalt Paying Co.District Court, S.D. West Virginia · 1916
  4. Byerley v. Standard Asphalt & Rubber Co.U.S. Circuit Court for the District of New Jersey · 1911
  5. Byerley v. Ellis Co.U.S. Circuit Court for the District of Delaware · 1911

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