Legal Opinion

Bishop & Babcock Mfg. Co. v. Fulton Co.

Court of Appeals for the Sixth Circuit

Decided January 20, 1930No. 5253PublishedCited by 4 opinions

1Opinion of the Court

MOORMAN, Circuit Judge.

The patent in suit^ No. 971,838, was adjudicated by this court in 17 F.(2d) 1006 in an action by appellee against appellant’s predecessor, the Bishop & Babcock Company, and also in the Seventh Circuit in the suit of appellee against the Janesville Laboratories, Incorporated, 21 F.(2d) 428. Both courts sustained the patent. The District Court in the Bishop & Babcock Company Case, 17 F.(2d) 999, held that it was entitled to rank as a pioneer patent and have the range of equivalents accorded to that class. This court approved the District Court’s treatment of that…

2Cases cited10 opinions

  1. Eibel Process Co. v. Minnesota & Ontario Paper Co.Supreme Court of the United States · 1923
  2. Tilghman v. ProctorSupreme Court of the United States · 1881
  3. Marsh v. Nichols, Shepard & Co.Supreme Court of the United States · 1888
  4. Franklin Brass Foundry Co. v. Shapiro & Aronson, Inc.Court of Appeals for the Third Circuit · 1921
  5. Wolf v. Buckeye Incubator Co.Court of Appeals for the Sixth Circuit · 1924

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3Cited by4 opinions

  1. General Motors Corporation v. Swan Carburetor Co.Court of Appeals for the Sixth Circuit · 1937
  2. Jo C. Calhoun, Jr., and Esther C. Young, Executors of the Estate of Niels A. Christensen, Deceased v. The United StatesUnited States Court of Claims · 1965
  3. Kilgore Mfg. Co. v. Triumph Explosives, Inc.District Court, D. Maryland · 1941
  4. General Electric Co. v. Grand Gaslight, Inc.District Court, S.D. New York · 1942

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