Thomson-Houston Electric Co. v. Western Electric Co.
Court of Appeals for the Seventh Circuit
Appeal from tbe Circuit Court of the United States for the Northern District of Illinois. This was a suit in equity by the Thomson-Houston Electric Company against the Western Electric Company and Enos M. Barton for alleged infringement of letters patent No. 238,315, issued March 1, 1881, to Elihu Thomson and Edwin J. Houston, for a current regulator for dynamo-electric machines.
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Appeal from tbe Circuit Court of the United States for the Northern District of Illinois. This was a suit in equity by the Thomson-Houston Electric Company against the Western Electric Company and Enos M. Barton for alleged infringement of letters patent No. 238,315, issued March 1, 1881, to Elihu Thomson and Edwin J. Houston, for a current regulator for dynamo-electric machines. This court heretofore (16 C. C. A. 642, 70 Fed. 69) affirmed a decree of the circuit court (65 Fed. 615) declaring the patent void because of anticipation by letters patent No. 223,659, granted to the same parties…
1Opinion of the Court
WOODS, Circuit Judge.
The objections made to the opinion ■of the court in this case will be considered briefly, though some of them can be of but little importance, because directed to matters which were expressly waived when the ten propositions of counsel for appellant were assumed to be true. The essential question is whether, on that assumption, a consistent and proper conclusion was reached. The statement in the opinion that the second patent does not specify “in just what feature of the construction or of the mode of use the novelty and utility entitled to be called invention were…
2Cases cited1 opinion
- Thomson-Houston Electric Co. v. Western Electric Co.Court of Appeals for the Seventh Circuit · 1895
3Cited by2 opinions
- Shanley v. United StatesCourt of Appeals for the Second Circuit · 1923
- Star Ball Retainer Co. v. KlahnU.S. Circuit Court for the District of New Jersey · 1906