Kelley Bros. & Spielman v. Diamond Drill & Machine Co.
U.S. Circuit Court for the District of Eastern Pennsylvania
In Equity. Supplemental bill in nature of bill of review. On final hearing. For original opinion upholding the patent and finding infringement, see (C. C.) 120 Fed. 282, affirmed 123 Fed. 882, 59 C. C. A. 370; 129 Fed. 756, 64 C. C. A. 284; permission granted by Circuit Court of Appeals to reopen the case, 136 Fed. 855; and opinion on petition, in pursuance of same, for leave to file the present bill (C. C.) 138 Fed. 833.
1Opinion of the Court
ARCHBALD, District Judge.1
The evidence which is now presented is the same as upon the hearing of the petition for leave to file the present bill, and as was before the Circuit Court of Appeals, when permission was obtained to reopen the case; the respondents having made no attempt to impeach or refute it. The bill as a result must be sustained, for the reasons given in allowing it to be filed, unless in the light of the argument which has been made, I find myself unable to adopt and follow the views which were then expressed.
The new evidence brought forward to invalidate the patent, which was…
2Cases cited6 opinions
- The Barbed Wire PatentSupreme Court of the United States · 1892
- Deering v. Winona Harvester WorksSupreme Court of the United States · 1894
- Diamond Drill & Machine Co. v. Kelly Bros.U.S. Circuit Court for the District of Eastern Pennsylvania · 1902
- Thomsen v. McCormickIllinois Supreme Court · 1891
- Kelley Bros. & Spielman v. Diamond Drill & Machine Co.Court of Appeals for the Third Circuit · 1903
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