Legal Opinion
Thomas & Betts Co. v. Electrical Fittings Corp.
District Court, S.D. New York
Decided November 1, 1938Published
1Opinion of the Court
HULBERT, District Judge.
This action was tried and decided March 22nd, 1938.
*174The patent in suit was held valid as to claim 1 and invalid as to claim 2. Rehearing, upon application of the defendants, was denied April 23rd 1938, (D.C., 23 F.Supp. 920).
Final decree was entered April 27, 1938. The defendants submitted an assignment of errors and petition praying leave to appeal, on which an order dated June 28, 1938, was made and filed June 30, 1938. No appeal was taken by the plaintiffs and the record is now in galley proof.
Under the early accepted general rule a patent with an invalid claim was…
2Cases cited5 opinions
- Ensten v. Simon, Ascher & Co.Supreme Court of the United States · 1931
- Baltimore S. S. Co. v. PhillipsCourt of Appeals for the Second Circuit · 1925
- Railway Engineering Equipment Co. v. Oregon Short Line R.Court of Appeals for the Tenth Circuit · 1935
- General Chemical Co. v. Standard Wholesale Phosphate & Acid Works, Inc.District Court, D. Maryland · 1934
- Thomas & Betts Co. v. Electrical Fittings Corp.District Court, S.D. New York · 1938