Legal Opinion

Byers MacH. Co. v. Keystone Driller Co.

Court of Appeals for the Sixth Circuit

Decided November 5, 1930No. 5433PublishedCited by 18 opinions

1Opinion of the Court

SIMONS, District Judge.

This ease involves alleged infringement of a ditching or excavating machine manufactured by the plaintiff and claimed to be protected by four patents, the patent to Clutter, No. 1,317,431, the patent to Wagner, No. 1,476,121, the patent to R. R. Downie, No. 1,511,114, and the second Downie patent, No. 1,543,250. Substantially all of the claims of the patents in suit are challenged on the ground of invalidity because of anticipation or lack of 'invention, and infringement is. denied, except in the case of tbe second Downie patent, in respect to which infringement is…

2Cases cited6 opinions

  1. Spalding v. John WanamakerCourt of Appeals for the Second Circuit · 1919
  2. Auto Pneumatic Action Co. v. Kindler & CollinsCourt of Appeals for the Second Circuit · 1917
  3. General Electric Co. v. P. R. Mallory & Co.Court of Appeals for the Second Circuit · 1924
  4. Baltzley v. Spengler Loomis Mfg. Co.Court of Appeals for the Second Circuit · 1919
  5. Jackson Fence Co. v. Peerless Wire Fence Co.Court of Appeals for the Sixth Circuit · 1915

1 more not listed; retrieve them via the Exa API.

3Cited by18 opinions

  1. France Mfg. Co. v. Jefferson Electric Co.Court of Appeals for the Sixth Circuit · 1939
  2. Firestone Tire & Rubber Co. v. United States Rubber Co.Court of Appeals for the Sixth Circuit · 1935
  3. Talon, Inc. v. Union Slide Fastener, Inc., Union Slide Fastener, Inc. v. Talon, Inc.Court of Appeals for the Ninth Circuit · 1959
  4. King-Seeley Thermos Co. v. Refrigerated Dispensers, Inc., Diamond Ice MacHine Company, and the Diamond CorporationCourt of Appeals for the Tenth Circuit · 1965
  5. Denominational Envelope Co. v. Duplex Envelope Co.Court of Appeals for the Fourth Circuit · 1935

13 more not listed; retrieve them via the Exa API.

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