Republic Rubber Co. v. G. & J. Tire Co.
Court of Appeals for the Seventh Circuit
Appeal from the District Court of the United States for the District of Indiana; Albert B. Anderson, Judge. Suit in equity by the Republic Rubber Company against the G. & J. Tire Company. From a decree dismissing the bill, complainant appeals. Appellant’s bill, charging appellee with having infringed claim 1 of patent No. 898,907,. September 15, 1908, to appellant as assignee of Mell, was dismissed for want of equity.
Read the full summary
Appeal from the District Court of the United States for the District of Indiana; Albert B. Anderson, Judge. Suit in equity by the Republic Rubber Company against the G. & J. Tire Company. From a decree dismissing the bill, complainant appeals. Appellant’s bill, charging appellee with having infringed claim 1 of patent No. 898,907,. September 15, 1908, to appellant as assignee of Mell, was dismissed for want of equity. Mell’s application was for improvements in tires, and his particular objects were to improve the road-gripping and anti-skidding qualities. Drawings of the surfaces and of the…
1Opinion of the Court
BAKER, Circuit Judge.
[1] This Mell patent was quite fully considered by the Circuit Court of Appeals for the Second Circuit in the case of Republic Rubber Co. v. Morgan & Wright, 197 Fed. 549, 117 C. C. A. 45. In view of the prior art and the nature of the alleged improvements it was held that the patent was void for lack of invention. Counsel for appellant insist in this court: First, that they are entitled to the independent judgment of this court, despite the adverse decision in the second circuit; and, second, that the record in this *172court differs from the record in the second circuit in…
2Cases cited1 opinion
- Republic Rubber Co. v. Morgan & WrightCourt of Appeals for the Second Circuit · 1912
3Cited by7 opinions
- Firestone Tire & Rubber Co. v. United States Rubber Co.Court of Appeals for the Sixth Circuit · 1935
- Fleischman Yeast Co. v. Federal Yeast CorporationDistrict Court, D. Maryland · 1925
- Battery Patents Corp. v. Chicago Cycle Supply Co.Court of Appeals for the Seventh Circuit · 1940
- Morrison v. CoeCourt of Appeals for the D.C. Circuit · 1941
- Hann v. Venetian Blind Corp.District Court, S.D. California · 1936
2 more not listed; retrieve them via the Exa API.