Legal Opinion

Bituminous Products Co. v. Headley Good Roads Co.

District Court, D. Delaware

Decided October 16, 1924No. 526PublishedCited by 11 opinions

1Opinion of the Court

MORRIS, District Judge.

The bill of complaint of Bituminous Products Company, owner, and the Barber Asphalt Company, exclusive licensee, of reissued letters patent No. 15,401, granted July 4, 1922, to L. S. Van Westrum, for improvements in methods of making roads, charges tbe defendant, Headley Good Roads Company, with infringing the first three claims of that patent.

The defenses are invalidity and non-infringement. Tbe specification states:

“My invention relates to improvements in methods of making roads, streets, public squares, roadbeds of railways, and other like surfaces by means of an…

2Cases cited5 opinions

  1. Brady Brass Co. v. Ajax Metal Co.Court of Appeals for the Third Circuit · 1908
  2. Bethlehem Steel Co. v. Churchward International Steel Co.Court of Appeals for the Third Circuit · 1920
  3. J. E. Baker Co. v. Kennedy Refractories Co.Court of Appeals for the Third Circuit · 1918
  4. Westrumite Co. of America v. Commissioners of Lincoln ParkCourt of Appeals for the Seventh Circuit · 1909
  5. Westrumite Co. of America v. Commissioners of Lincoln ParkU.S. Circuit Court for the Northern District of Illnois · 1908

3Cited by11 opinions

  1. Finley v. MacDougald Const. Co.District Court, N.D. Georgia · 1927
  2. Carbide & Carbon Chemicals Corp. v. Texas Co.District Court, S.D. Texas · 1927
  3. Garry W. Todd v. Sears, Roebuck and CompanyCourt of Appeals for the Fourth Circuit · 1954
  4. In Re MoellerCourt of Customs and Patent Appeals · 1941
  5. Carbide & Carbon Chemicals Corp. v. Texas Co.Court of Appeals for the Fifth Circuit · 1929

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