Legal Opinion

Thomson-Houston Electric Co. v. Western Electric Co.

Court of Appeals for the Second Circuit

Decided December 4, 1907No. 64Published

Appeal from the Circuit Court of the United States for the Southern District of New York. This is an appeal from a decree of the Circuit Court for the Southern .District of New York dated April 5, 1907, dismissing the bill with costs.' No opinion was written, as the Circuit Court followed the decision of the Circuit Court of Appeals of the Sixth Circuit (Milloy Case, 148 Fed. 843, 78 C. C. A. 533) holding the .patent -void because of laches in applying for the reissue.

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Appeal from the Circuit Court of the United States for the Southern District of New York. This is an appeal from a decree of the Circuit Court for the Southern .District of New York dated April 5, 1907, dismissing the bill with costs.' No opinion was written, as the Circuit Court followed the decision of the Circuit Court of Appeals of the Sixth Circuit (Milloy Case, 148 Fed. 843, 78 C. C. A. 533) holding the .patent -void because of laches in applying for the reissue. Since 1895 the original patent and the reissue, in controversy here, have been the subject of protracted litigation, no less…

1Opinion of the Court

COXE, Circuit Judge.

This is an infringement suit founded upon reissued letters patent No. 11,ST’S, granted November 13, 1900, to the complainant, as assignee of the administrators of Charles J. Van De-poele, deceased, for • improvements in-traveling contacts for electric railways. The originaTpatent No. 495,443 was dated April 11, 1893, and the application for the reissue was filed September 28, 1900, 7 years, 5 .months and 17 days’thereafter. On July 21, 1897, this court, in an action by ■ complainant against Hoosick Ry. Co. upon an appeal from an order granting a preliminary injunction (82…

2Cases cited8 opinions

  1. Miller v. Eagle Manufacturing Co.Supreme Court of the United States · 1894
  2. Thomson-Houston Electric Co. v. Ohio Brass Co.Court of Appeals for the Sixth Circuit · 1897
  3. Thomson-Houston Electric Co. v. Black River Traction Co.Court of Appeals for the Second Circuit · 1905
  4. Thomson-Houston Electric Co. v. Hoosick Ry. Co.Court of Appeals for the Second Circuit · 1897
  5. Thomson-Houston Electric Co. v. Jeffrey Mfg. Co.Court of Appeals for the Sixth Circuit · 1900

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