De Laski & Thropp Circular Woven Tire Co. v. United States Tire Co.
District Court, S.D. New York
In Equity. Suit by the De Laski & Thropp Circular Woven Tire Company and others against the United States Tire Company for infringement of letters patent No. 822,561, for apparatus for making wheel tires, granted to Peter D. Thropp. On final hearing.
1Opinion of the Court
LEARNED HAND, District Judge.
This case is an effort to secure a different result from the decision of the Circuit Court of Appeals for the First Circuit by means of new testimony. It divides itself into two parts: The first, testimony leading to the conclusion that the “Goodrich use,” upon which the defendants relied in that case, was in fact only an experiment, or at least was not shown to be more than an experiment; the second, testimony to carry back the date of the invention from February 1, 1905, to January, 1904. 1 shall consider these two efforts in the order stated.
[1] I shall start…
2Cases cited2 opinions
- Pickering v. McCulloughSupreme Court of the United States · 1881
- National Cash-Register Co. v. Lamson Consolidated Store-Service Co.U.S. Circuit Court for the District of New Jersey · 1894
3Cited by2 opinions
- A. B. Dick Co. v. Underwood Typewriter Co.District Court, S.D. New York · 1916
- White v. Fafnir Bearing CompanyDistrict Court, D. Connecticut · 1966