Legal Opinion

Davey Tree Expert Co. v. Van Billiard

Court of Appeals for the Third Circuit

Decided December 18, 1919No. 2487PublishedCited by 4 opinions

Appeal from the District Court of the United States for the Eastern District of Pennsylvania; Oliver B. Dickinson, Judge. Suit by the Davey Tree Expert Company and others against Rue J. Van Billiard and another. From a decree for complainants on condition (248 Fed. 718), complainants appeal.

1Opinion of the Court

BUFFINGTON, Circuit Judge.

In the court below the plaintiffs charged defendants with infringing two patents, viz. claims. 3, 4, 6, and 7 of patent No. 890,968, granted June 16, 1908, to John Davey et al., for a process for treating and dressing a bruise or wound in the trunk or live branch of a live tree, and claims 1, 2, 3, 4, 5, 8, and 11 of patent No. 958,478, granted May 17, 1910, to Wellington E. Davey, for a process of reinforcing trees.

[ 1 ] Turning our attention first to the earlier patent, we note that the court below, in an opinion reported at 248 Fed. 718, held these claims valid…

2Cases cited2 opinions

  1. In re Fayetteville Wagon-Wood & Lumber Co.District Court, W.D. Arkansas · 1912
  2. Davey Tree Expert Co. v. Van BilliardDistrict Court, E.D. Pennsylvania · 1918

3Cited by4 opinions

  1. United States Mexican Oil Corp. v. Pennsylvania R.Court of Appeals for the Second Circuit · 1927
  2. Davey Tree Expert Co. v. EastonDistrict Court, S.D. New York · 1920
  3. Zenobia Co. v. ShudaDistrict Court, E.D. New York · 1929
  4. Davey Tree Expert Co. v. McCarthyDistrict Court, E.D. New York · 1922

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