New York Air-Brake Co. v. Westinghouse Air-Brake Co.
Court of Appeals for the Second Circuit
Appeal from the Circuit Court of the United States for the Southern District of New York. This was a Mil by the Westinghouse Air-Brake Company against the New' York Air-Brake Company and others for infringement of letters patent Nos. 360,070 and 376,837, granted to George Westinghouse, Jr., March 29,1887, and January 24, 1888, respectively, for improvements in air-brake mechanism.
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Appeal from the Circuit Court of the United States for the Southern District of New York. This was a Mil by the Westinghouse Air-Brake Company against the New' York Air-Brake Company and others for infringement of letters patent Nos. 360,070 and 376,837, granted to George Westinghouse, Jr., March 29,1887, and January 24, 1888, respectively, for improvements in air-brake mechanism. The circuit court granted a preliminary injunction to restrain infringement of claims 1, 2, and 4 of the former patent, and claim I of the latter. The opinion of Judge Lacombe in the court below is reported in 65…
1Opinion of the Court
PEE CURIAM.
We agree with the court below that the defendant’s apparatus is an infringement of the first, second, and fourth claims of patent No. 360,070, and deem it unnecessary to add anything to the opinion of Judge Lacombe. The question whether the apparatus is an infringement of the first claim of patent No. 37(5,-837 is too doubtful to be resolved in favor of trie complainant upon a motion for a preliminary injunction, and should be reserved for disposition upon the final hearing of the cause. So far as thé order appealed from allows an injunction for the infringement of this claim, it…
2Cited by6 opinions
- Westinghouse Air Brake Co. v. New York Air Brake Co.Court of Appeals for the Second Circuit · 1902
- Thomson-Houston Electric Co. v. Union Ry. Co.U.S. Circuit Court for the District of Southern New York · 1898
- Westinghouse Air-Brake Co. v. New York Air-Brake Co.U.S. Circuit Court for the District of Southern New York · 1896
- Westinghouse Air-Brake Co. v. Christensen Engineering Co.U.S. Circuit Court for the District of Southern New York · 1900
- Westinghouse Air-Brake Co. v. Great Northern Ry. Co.U.S. Circuit Court for the District of Southern New York · 1898
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