Ball & Roller Bearing Co. v. F. C. Sanford Mfg. Co.
Court of Appeals for the Second Circuit
Appeal from the District Court of the United States for the District of Connecticut. Suit in equity by the Ball & Roller Bearing Company against the F. C. Sanford Manufacturing Company. Decree for defendant (280 Fed. 415) was affirmed on rehearing (291 Fed. 442), and plaintiff appeals.
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Appeal from the District Court of the United States for the District of Connecticut. Suit in equity by the Ball & Roller Bearing Company against the F. C. Sanford Manufacturing Company. Decree for defendant (280 Fed. 415) was affirmed on rehearing (291 Fed. 442), and plaintiff appeals. Suit is for the infringement of three patents, all issued to H. R. Heim, viz.: Reissue No. 15,035, for a “roll-grinding machine” (the original patent was 1,210,937, for which application was filed March 6, 1915, and patent granted January 2, 1917; application for reissue was filed September 8, 1920); No.…
1Opinion of the CourtHough, Circuit Judge
(after stating the facts as above). The suit being on three patents, it will be more convenient to consider them separately, first taking up reissue 15,035.
[1] This is attacked, first, as to validity, and, second, by asserting intervening rights, as was successfully done in Autopiano Co. v. American (C. C. A.) 222 Fed. 276. With the court below we are satisfied that this is a narrowed reissue, and that the patentee was not guilty of laches. When used in respect of applications for reissue, laches means delay without excuse; but enumerating valid excuses is merely dealing with facts — not…
2Cases cited10 opinions
- Topliff v. TopliffSupreme Court of the United States · 1892
- O. H. Jewell Filter Co. v. JacksonCourt of Appeals for the Eighth Circuit · 1905
- Autopiano Co. v. American Player Action Co.Court of Appeals for the Second Circuit · 1915
- Maitland v. B. Goetz Mfg. Co.Court of Appeals for the Second Circuit · 1898
- Carpenter Straw-Sewing Mach. Co. v. SearleCourt of Appeals for the Second Circuit · 1894
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3Cited by21 opinions
- Picard v. United Aircraft CorporationCourt of Appeals for the Second Circuit · 1942
- Ric-Wil Co. v. E. B. Kaiser Co.Court of Appeals for the Seventh Circuit · 1950
- Wire Tie MacH. Co. v. Pacific Box CorporationCourt of Appeals for the Ninth Circuit · 1939
- Babcock & Wilcox Co. v. Springfield Boiler Co.Court of Appeals for the Second Circuit · 1927
- Application of KyridesCourt of Customs and Patent Appeals · 1947
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