Legal Opinion

Hanifen v. Armitage

U.S. Circuit Court for the District of Eastern Pennsylvania

Decided September 15, 1902No. 38PublishedCited by 25 opinions

In Equity. Suit for infringement of letters patent No. 374,888 for a knitted fabric, issued to Levi Bywater December 13, 1887. On final hearing.

1Opinion of the Court

ARCHBALD, District Judge.1

This patent has been the subject of marked vicissitude. It was at first sustained by Judge Dallas in’ this court in Hanifen v. E. H. Godshalk Co. (C. C.) 78 Fed. 811, but upon a rehearing, on account of certain expert evidence, by which he felt himself controlled, he decided against it. On appeal, however, he was reversed, and the patent upheld, although the court of appeals was not unanimous, Judge Butler dissenting from the views of Judge Shiras and Judge Acheson, who constituted the majority 28 C. C. A. 507, 84 Fed. 649. It came up again before Judge Gray in…

2Cases cited8 opinions

  1. Seymour v. OsborneSupreme Court of the United States · 1871
  2. McClain v. OrtmayerSupreme Court of the United States · 1891
  3. Atlantic Works v. BradySupreme Court of the United States · 1883
  4. Hanifen v. E. H. Godshalk Co.Court of Appeals for the Third Circuit · 1898
  5. Hanifen v. E. H. Godshalk Co.U.S. Circuit Court for the District of Eastern Pennsylvania · 1896

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3Cited by25 opinions

  1. Carson v. American Smelting & Refining Co.Court of Appeals for the Ninth Circuit · 1925
  2. Donner v. Sheer Pharmacal CorporationCourt of Appeals for the Eighth Circuit · 1933
  3. City of Irving v. CallawayCourt of Appeals of Texas · 1962
  4. Long v. London & Lancashire Indemnity Co. of AmericaCourt of Appeals for the Sixth Circuit · 1941
  5. Northern Pacific Railway Co. v. Douglas CountyWisconsin Supreme Court · 1911

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