Electric Storage Battery Co. v. Buffalo Electric Carriage Co.
Court of Appeals for the Second Circuit
Appeal from the Circuit Court of the United States for the Western District of New York. This cause comes here upon appeal from an order of the Circuit Court, Western District of New York, granting an injunction pendente lite against infringement of United States letters patent No. 337,299, granted to Charles F. Brush, March 2, 1886, upon an application filed June 13, 1881 for “secondary battery.”
1Per curiam
The points raised upon this appeal have been heretofore decided adversely to the appellant by this court in Accumulator Co. v. Brush Co., 2 C. C. A. 682, 52 Fed. 130, and Thomson-Houston Co. v. Elmira & Horseheads Co., 18 C. C. A. 145, 71 Fed. 406. It is true that when this generic patent was before this court the earlier specific patents had not expired, but the legal propositions involved are not changed by such expiration.
The order is affirmed, with costs, on the opinion of Judge Hazel ([C. C.] 117 Fed. 314), which clearly and succinctly states those propositions, and indicates the bearing…
2Cases cited3 opinions
- Thomson-Houston Electric Co. v. Elmira & H. Ry. Co.Court of Appeals for the Second Circuit · 1896
- Electrical Accumulator Co. v. Brush Electric Co.Court of Appeals for the Second Circuit · 1892
- Electric Storage Battery Co. v. Buffalo Electric Carriage Co.U.S. Circuit Court for the District of Western New York · 1902
3Cited by1 opinion
- Union Typewriter Co. v. L. C. Smith & Bros.U.S. Circuit Court for the District of Western Pennsylvania · 1909