Legal Opinion

Maitland v. Archer & Pancoast Co.

U.S. Circuit Court for the District of Southern New York

Decided March 10, 1896PublishedCited by 4 opinions

Final Hearing in Equity. This action is founded on reissued letters patent, No. 11,478, granted March 12, 1895, to Luther Stieringer, assignor to complainant, for an improvement in electrical fixtures. The original, No. 259,230, was dated June 6, 1882, and was applied for March 15. 1882. Claims Í, 7, 8 and 9 o£ the original were before the court in the Eastern district of Pennsylvania in Maitland v. Gibson, 63 Fod. 126, and were held to be invalid.

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Final Hearing in Equity. This action is founded on reissued letters patent, No. 11,478, granted March 12, 1895, to Luther Stieringer, assignor to complainant, for an improvement in electrical fixtures. The original, No. 259,230, was dated June 6, 1882, and was applied for March 15. 1882. Claims Í, 7, 8 and 9 o£ the original were before the court in the Eastern district of Pennsylvania in Maitland v. Gibson, 63 Fod. 126, and were held to be invalid. The decision of the circuit court was affirmed by the circuit court of appeals for the Third circuit upon the opinion of the circuit judge. U O.…

1Opinion of the CourtCoxe., District Judge

(after stating the facts as above). The court cannot consider this controversy de novo. Many of the questions which are now debated were decided in the Pennsylvania case. 63 Fed. 126; Id., 11 C. C. A. 446, 63 Fed. 840. As to these the doctrine of stare decisis is applicable. »

Claims 4 and 5 of the reissue need not be considered anew. As to them the discussion is closed, certainly so far as this court is concerned. No one can read what is said regarding claims 7, 8 and 9 of the original without being convinced that the claims now under consideration would have shared the same fate had they…

2Cases cited2 opinions

  1. Maitland v. GibsonCourt of Appeals for the Third Circuit · 1894
  2. Maitland v. GibsonU.S. Circuit Court for the District of Eastern Pennsylvania · 1894

3Cited by4 opinions

  1. Consolidated Fastener Co. v. Columbian Fastener Co.U.S. Circuit Court for the District of Northern New York · 1897
  2. Maitland v. B. Goetz Mfg. Co.Court of Appeals for the Second Circuit · 1898
  3. Pelzer v. Dale Co.U.S. Circuit Court for the District of Southern New York · 1900
  4. Pelzer v. GeiseU.S. Circuit Court for the District of Eastern Pennsylvania · 1898

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