Metropolitan Device Corp. v. Cleveland Electric Illuminating Co.
Court of Appeals for the Sixth Circuit
1Opinion of the Court
HICKS, Circuit Judge.
Suit for infringement of claims Nos. 3 and 4 1 of Tor chio Patent No. 1,172,322, granted February 22, 1916, for a protective device for eleetrie cable joints. The defenses were: (1) Lack of invention; (2) anticipation; and (3) noninfringement. The bill was dismissed for lack of invention. The court disregarded a disclaimer 2 filed four days before the trial. We think it should have been permitted. That portion of the disclaimer disapproved is as follows: “ * * * And except as to insulating liquid which is fluid at ordinary working temperatures of such cables and in…
2Cases cited13 opinions
- Loom Co. v. HigginsSupreme Court of the United States · 1882
- Carnegie Steel Co. v. Cambria Iron Co.Supreme Court of the United States · 1902
- Sessions v. RomadkaSupreme Court of the United States · 1892
- Permutit Co. v. WadhamCourt of Appeals for the Sixth Circuit · 1926
- Ferro Concrete Const. Co. v. Concrete Steel Co.Court of Appeals for the Sixth Circuit · 1913
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3Cited by12 opinions
- Payne Furnace & Supply Co. v. Williams-Wallace Co.Court of Appeals for the Ninth Circuit · 1941
- Harman v. ScottDistrict Court, S.D. Ohio · 1950
- Lowell v. TriplettCourt of Appeals for the Fourth Circuit · 1935
- O. M. I. Corp. v. Kelsh Instrument Co.District Court, D. Maryland · 1959
- American Stainless Steel Co. v. Rustless Iron Corp. of AmericaDistrict Court, D. Maryland · 1933
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