Legal Opinion

Chicago Pneumatic Tool Co. v. Philadelphia Pneumatic Tool Co.

U.S. Circuit Court for the District of Southern New York

Decided October 13, 1902PublishedCited by 17 opinions

In Equity. Suit for infringement of patent. On motion for preliminary injunction.

1Opinion of the Court

LACOMBE, Circuit Judge.

The defendant with entire propriety refrained from arguing the question of construction of the patent and of infringement. The same questions are now before the court of appeals in this circuit. By so doing, however, it has not waived any of the points presented by the pleadings and papers.

As to the question of jurisdiction, the only controversy is whether or not an infringing device was sold in the city of New York by the. *853defendant, which concededly has a regular place of business here. This is to be decided, not by the assertions of conclusions which are to be found…

2Cases cited1 opinion

  1. Westinghouse Electric & Mfg. Co. v. Stanley Electric Mfg. Co.U.S. Circuit Court for the District of Southern New York · 1902

3Cited by17 opinions

  1. Badische Anilin & Soda Fabrik v. A. Klipstein & Co.U.S. Circuit Court for the District of Southern New York · 1903
  2. Chadeloid Chemical Co. v. Chicago Wood Finishing Co.U.S. Circuit Court for the District of Southern New York · 1910
  3. American Electric Welding Co. v. Lalance & Grosjean Mfg. Co.District Court, D. Massachusetts · 1917
  4. Bassick Mfg. Co. v. Ready Auto Supply Co.District Court, E.D. New York · 1927
  5. Julius Kessler & Co. v. GoldstromCourt of Appeals for the Eighth Circuit · 1910

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