Kellogg Switchboard & Supply Co. v. Dean Electric Co.
Court of Appeals for the Sixth Circuit
Appeal from the Circuit Court of the United States for the Northern District of Ohio. In Equity. Suit by the Kellogg Switchboard & Supply Company against the Dean Electric Company, William W. Dean, Samuel B. Kawson, Theodore M. Brush, and Arthur E. Barker. Decree for defendants, and complainant appeals.
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Appeal from the Circuit Court of the United States for the Northern District of Ohio. In Equity. Suit by the Kellogg Switchboard & Supply Company against the Dean Electric Company, William W. Dean, Samuel B. Kawson, Theodore M. Brush, and Arthur E. Barker. Decree for defendants, and complainant appeals. This suit was brought in the court below for alleged infringement of certain letters patent The appellant was complainant below; and the appellees, the defendants below, comprise the Dean Electric Company and certain of its oilicers. The patent in suit was applied for by William W. Dean as…
1Opinion of the CourtWarrington, Circuit Judge
(after stating the facts as above). There are two assignments of error. One concerns the finding of non-infringement and the other the dismissal of the bill. In its opinion the court below considered only the question of infringement. It was found that the operation of the invention in suit and the alleged infringing device involved separate and distinct principles of physics, and it was held that there was no infringement for that reason.
Both of the inventions relate to substations in telephone systems of the central energy type; that is, they relate to the places and apparatus occupied and…
2Cases cited7 opinions
- Loom Co. v. HigginsSupreme Court of the United States · 1882
- Expanded Metal Co. v. BradfordSupreme Court of the United States · 1909
- Dowagiac Mfg. Co. v. Superior Drill Co.Court of Appeals for the Sixth Circuit · 1902
- Goshen Sweeper Co. of Grand Rapids v. Bissell Carpet-Sweeper Co.Court of Appeals for the Sixth Circuit · 1895
- National Malleable Castings Co. v. Buckeye, Malleable Iron & Coupler Co.Court of Appeals for the Sixth Circuit · 1909
2 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- France Mfg. Co. v. Jefferson Electric Co.Court of Appeals for the Sixth Circuit · 1939
- Davis Sewing Mach. Co. v. New Departure Mfg. Co.Court of Appeals for the Sixth Circuit · 1914
- WM. B. Scaife & Sons Co. v. Falls City Woolen MillsCourt of Appeals for the Sixth Circuit · 1913
- Ferro Concrete Const. Co. v. Concrete Steel Co.Court of Appeals for the Sixth Circuit · 1913
- Weir Frog Co. v. PorterCourt of Appeals for the Sixth Circuit · 1913
8 more not listed; retrieve them via the Exa API.