General Electric Co. v. Sundh Electric Co.
Court of Appeals for the Second Circuit
Appeal from the District Court of the United States for the Southern District of New York. Bill by the General Electric Company against the Sundh Electric Company. From the decree in equity, both parties appeal.
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Appeal from the District Court of the United States for the Southern District of New York. Bill by the General Electric Company against the Sundh Electric Company. From the decree in equity, both parties appeal. Action is on patents to Mclver, No. 874,025 (claim 12), to White and Oariehoff, No. 969,585 (claims 7, 12 and 14), and to White, No. 969,738 (claims 1 and 19). Melver’s application was filed March 8, 1903, and letters issued December 17, 1907. Tlie applications for the other patents in suit were filed together on February 27, 1909, and letters Issued on both September 6, 1910. White…
1Opinion of the CourtHough, Circuit Judge
(after stating the facts as above). [1, 2] The relation between White and CarichofFs patent and that to White alone cannot be made plainer than by comparatively considering two of the claims in suit, with phrases italicized which constitute the claim definitions of what by plaintiff’s own evidence are the contributions of each patent respectively to the sum of human knowledge.1
Plaintiffs, on their appeal in respect of White, seek to identify this case with that of simultaneous patents to the same inventor, as in Benjamin, etc., Co. v. Dale Co., 158 Fed. 617, 85 C. C. A. 439. It is said that…
2Cases cited4 opinions
- Thomson-Houston Electric Co. v. Elmira & H. Ry. Co.Court of Appeals for the Second Circuit · 1896
- Western Electric Co. v. Sperry Electric Co.Court of Appeals for the Seventh Circuit · 1893
- Benjamin Electric Mfg. Co. v. Dale Co.Court of Appeals for the Second Circuit · 1907
- Thomson-Houston Electric Co. v. Western Electric Co.Court of Appeals for the Seventh Circuit · 1895
3Cited by1 opinion
- United Advertising Corp. of Texas v. StimsonCourt of Appeals for the Fifth Circuit · 1937