Legal Opinion

Westinghouse Electric & Manufacturing Co. v. Cutter Electric & Manufacturing Co.

U.S. Circuit Court for the District of Eastern Pennsylvania

Decided March 8, 1905No. 11PublishedCited by 1 opinion

In Equity. Suit for infringement of letters patent No. 633,772, for an automatic electric circuit breaker, granted to G. Wright and C. Aalborg, March 23, 1899. On final hearing.

1Opinion of the Court

HOGEAND, District Judge.

The bill filed in this case alleges an infringement by the defendant of claims Nos. 2 and 5 of a patent issued to G. Wright and C. Aalborg on March 23, 1899, No. 633,772, for a new and useful improvement in automatic circuit breakers. The answer denies the validity of the patent, and denies infringement. The history of the prior state of the art is found in the 65 patent? which the defendant has offered in evidence, and the discussion of 18 of them by its expert, Cornelius D. Ehret. Three of these patents offered in evidence, however, are very important as bearing upon…

2Cases cited5 opinions

  1. Morgan Envelope Co. v. Albany Perforated Wrapping Paper Co.Supreme Court of the United States · 1894
  2. Knapp v. MorssSupreme Court of the United States · 1893
  3. McCarty v. Lehigh Valley RailroadSupreme Court of the United States · 1895
  4. Sargent v. Hall Safe & Lock Co.Supreme Court of the United States · 1885
  5. Irwin v. HasselmanCourt of Appeals for the Seventh Circuit · 1899

3Cited by1 opinion

  1. Westinghouse Electric & Mfg. Co. v. Condit Electrical Mfg. Co.U.S. Circuit Court for the District of Southern New York · 1908

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