Legal Opinion

Elliott Co. v. Roto Co.

Court of Appeals for the Second Circuit

Decided June 11, 1917No. 271PublishedCited by 19 opinions

Appeal from the District Court of the United States for the District of Connecticut. Suit by the Elliott Company against the Roto Company and another. From a decree for complainant, defendants appeal.

1Opinion of the Court

WARD, Circuit Judge.

This is a suit against the Roto Company and Philip J. Darlington, its president, for infringement of United States letters patent No. 983,032, for turbines, and No. 1,045,134, for rotary motor, duly assigned to the complainant.

The sole question to be determined is whether the defendants are bound by a decree in favor of the complainant in a prior suit instituted by it on the same patents in the District Court of the United States for the Western District of Pennsylvania against one Robertson, a seller of the same motor manufactured by the defendant, the *942Roto Company, as is…

2Cases cited4 opinions

  1. Penfield v. C. & A. Potts & Co.Court of Appeals for the Sixth Circuit · 1903
  2. Cramer v. Singer Mfg. Co.Court of Appeals for the Ninth Circuit · 1899
  3. Hanks Dental Ass'n v. International Tooth Crown Co.Court of Appeals for the Second Circuit · 1903
  4. Jefferson Electric Light, Heat & Power Co. v. Westinghouse Electric & Mfg. Co.Court of Appeals for the Third Circuit · 1905

3Cited by19 opinions

  1. Hammond-Knowlton v. United StatesCourt of Appeals for the Second Circuit · 1941
  2. S. S. Kresge Co. v. Winget Kickernick Co.Court of Appeals for the Eighth Circuit · 1938
  3. E. I. Du Pont De Nemours & Co. v. Sylvania Industrial Corp.Court of Appeals for the Fourth Circuit · 1941
  4. Brooklyn Trust Co. v. KelbyCourt of Appeals for the Second Circuit · 1943
  5. Searchlight Horn Co. v. Victor Talking Mach. Co.District Court, D. New Jersey · 1919

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