Legal Opinion

Westinghouse Electric & Mfg. Co. v. American Transformer Co.

U.S. Circuit Court for the District of New Jersey

Decided February 9, 1903Published

In Equity. Suit for infringement of letters patent No. 366,362, for cooling transformers, granted to George Westinghouse, Jr., July 12, 1887. On motion for preliminary injunction.

1Opinion of the Court

KIRKPATRICK, District Judge.

This is an application for a preliminary injunction. The moving papers show that claim 4 of the patent in suit has been adjudged valid in the case of Westinghouse Electric & Manufacturing Company v. Union Carbide Company (C. C.) 112 Fed. 417, which decree was affirmed in the Circuit Court of Appeals for the Second Circuit. 117 Fed. 495. It appears from an inspection of that case that the only question involved was that of anticipation and want of novelty, infringement being admitted if that defense failed. The court held the claim valid, and its decree was…

2Cases cited3 opinions

  1. Westinghouse Electric & Mfg. Co. v. Union Carbide Co.Court of Appeals for the Second Circuit · 1902
  2. Westinghouse Electric & Mfg. Co. v. Union Carbide Co.U.S. Circuit Court for the District of Western New York · 1901
  3. Whippany Mfg. Co. v. United Indurated Fibre Co.Court of Appeals for the Third Circuit · 1898

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