Legal Opinion
McClave-Brooks Co. v. M. H. Treadwell Co.
Court of Appeals for the Third Circuit
Decided January 20, 1915No. 1872PublishedCited by 1 opinion
Appeal from the District Court of the United States for the Middle District of -Pennsylvania; Chas. B. Witmer, Judge. Suit in equity by the McClave-Brooks Company against the M.- H. Treadwell Company and the Stoever Foundry & Manufacturing Company. Decree for defendants, and complainant appeals.
1Opinion of the Court
BUFFINGTON, Circuit Judge.
In the court below the McClave-Brooks Company, the plaintiff, owner of patent No. 831,178, granted September 18, 1906, to William McClave, for a grate, charged the M. ■H. Treadwell Company and the Stoever Foundry & Manufacturing Company with infringement thereof. On the question of infringement that court, in an opinion reported at (D. C.) 212 Fed. 442, held:
“That thé defendants’ device embodies the structural features and functions shown in the complainant’s grate cannot be successfully denied. An effort at comparison is useless, and would indeed be difficult, on…
2Cases cited3 opinions
- Moore Filter Co. v. Tonopah-Belmont Development Co.Court of Appeals for the Third Circuit · 1912
- Smith v. Farbenfabriken of Elberfeld Co.Court of Appeals for the Sixth Circuit · 1913
- McClave-Brooks Co. v. M. H. Treadwell Co.District Court, M.D. Pennsylvania · 1914
3Cited by1 opinion
- Application of GibbonsCourt of Customs and Patent Appeals · 1954