Consolidated Rubber Tire Co. v. Diamond Rubber Co. of New York
Court of Appeals for the Second Circuit
Appeal from the District Court of the United States for the Southern District of New York. Action by the Consolidated Rubber Tire Company and another against the Diamond Rubber Company of New York. Decree for plaintiffs (226 Red. 455), and defendant appeals.
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Appeal from the District Court of the United States for the Southern District of New York. Action by the Consolidated Rubber Tire Company and another against the Diamond Rubber Company of New York. Decree for plaintiffs (226 Red. 455), and defendant appeals. The decree of the District Court confirmed the report of the master finding that the infringement of the Grant patent, No. 554,675, beginning wi1h the year 1905 and continuing until February 17, 19.13, was “deliberate, continuous and wanton.” The master also found that a minimum license fee of five cents per pound for rubber tire was…
1Opinion of the CourtCoxe, Circuit Judge
(after stating the facts as above). [1] Few patents have been subjected to such violent and persistent attacks as the Grant patent in suit. For 18 years it has been discussed by the Supreme Court, Circuit Courts of Appeal and many District Courts and the efficacy and value of the invention have been, of late years at least, almost universally recognized. Naturally the owners of the patent have been put to great expense and annoyance by this bitter and persistent attack upon their property. In such circumstances the courts should not be zealous to deprive the plaintiffs of the fruits of their…
2Cases cited2 opinions
- Packet Co. v. SicklesSupreme Court of the United States · 1874
- American Sulphite Pulp Co. v. De Grasse Paper Co.Court of Appeals for the Second Circuit · 1912
3Cited by8 opinions
- Faulkner v. GibbsCourt of Appeals for the Ninth Circuit · 1952
- Merrell Soule Co. v. Powdered Milk Co. of AmericaCourt of Appeals for the Second Circuit · 1925
- B. F. Goodrich Co. v. Consolidated Rubber Tire Co.Court of Appeals for the Seventh Circuit · 1918
- Ruth v. Stearns-Roger Mfg. Co.District Court, D. Colorado · 1935
- Union Electric Welding Co. v. CurryCourt of Appeals for the Sixth Circuit · 1922
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