Legal Opinion

Auto Hone Co. v. Hall Cylinder Hone Co.

District Court, N.D. Ohio

Decided May 22, 1924No. 434PublishedCited by 8 opinions

1Opinion of the Court

WESTENHAVER, District Judge.

This is the usual patent infringement suit. It is based on United States letters patent No. 1,193,884, issued to Victor J. Emery and Mellen N. Bray, August 8, 1916. Claims 5 and 6 only are in issue. The defense is non-infringement. The validity generally of the patent is not challenged, but it is urged that claim 5, if given the broad construction for which plaintiff contends, is void as functional.

The device in question is a portable grinder, primarily used in truing up out-of-round cylinders, particularly automobile cylinders. It is operated with a portable…

2Cases cited10 opinions

  1. Continental Paper Bag Co. v. Eastern Paper Bag Co.Supreme Court of the United States · 1908
  2. Boyden Power-Brake Co. v. Westinghouse Westinghouse v. Boyden Power-Brake Co.Supreme Court of the United States · 1898
  3. Miller v. Eagle Manufacturing Co.Supreme Court of the United States · 1894
  4. O'Reilly v. MorseSupreme Court of the United States · 1854
  5. Risdon Iron & Locomotive Works v. MedartSupreme Court of the United States · 1895

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

3Cited by8 opinions

  1. Gordon Form Lathe Co. v. Walcott Machine Co.District Court, E.D. Michigan · 1927
  2. Cold Metal Process Co. v. Aluminum Co.District Court, E.D. Tennessee · 1961
  3. Jacuzzi Bros. v. Berkeley Pump Co.District Court, N.D. California · 1950
  4. Worthington Pump & Machinery Corp. v. Clark Bros. Co.District Court, W.D. New York · 1927
  5. In Re FullerCourt of Customs and Patent Appeals · 1929

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

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