General Electric Co. v. Richmond Street & Interurban Ry. Co.
Court of Appeals for the Seventh Circuit
Appeal from the Circuit Court of the United States for the District of Indiana. Suit in equity by the General Electric Company against Richmond Street & Interurban Railway Company. Decree for defendant, and complainant appeals. Appellant’s bill for alleged infringement of claim® 1, 2, 5, 10, II, 12, and 13 of reissue No. 12,241, July 19, 1904, to Potter, appellant’s assignor, was dismissed for want of equity.
Read the full summary
Appeal from the Circuit Court of the United States for the District of Indiana. Suit in equity by the General Electric Company against Richmond Street & Interurban Railway Company. Decree for defendant, and complainant appeals. Appellant’s bill for alleged infringement of claim® 1, 2, 5, 10, II, 12, and 13 of reissue No. 12,241, July 19, 1904, to Potter, appellant’s assignor, was dismissed for want of equity. The original patent was No. 524,39ft, August 14, 1894, for improvements in controllers1 for electric inotors. The claims of the original, corresponding to the claims of the reissue in…
1Opinion of the Court
BAKER, Circuit Judge.
Without the existence of one or the other of two conditions precedent, the Commissioner of Patents is not authorized to grant a reissue. Either the original specification must be defective or insufficient, or the original claims must embrace more than the patentee had a right to claim as new. But neither condition is available unless the error arose from inadvertence, accident, or mistake, and without any fraudulent or deceptive intention.
Findings by the Commissioner that a legal condition exists and is available are conclusive in so far as they depend upon credibility *89and…
2Cases cited2 opinions
- Miller v. Brass Co.Supreme Court of the United States · 1882
- General Chemical Co. v. BlackmoreU.S. Circuit Court for the District of Southern New York · 1907
3Cited by8 opinions
- Keller v. Adams-Campbell Co.Supreme Court of the United States · 1924
- American Automotoneer Co. v. PorterCourt of Appeals for the Sixth Circuit · 1916
- Kalich v. Paterson Pacific Parchment Co.Court of Appeals for the Ninth Circuit · 1943
- Grier Bros. v. BaldwinCourt of Appeals for the Third Circuit · 1915
- McDowell v. Ideal Concrete Mach. Co.Court of Appeals for the Seventh Circuit · 1911
3 more not listed; retrieve them via the Exa API.