Legal Opinion

Weber Electric Co. v. W. R. Ostrander & Co.

Court of Appeals for the Second Circuit

Decided January 18, 1922No. 61Published

Appeal from the District Court of the United States for the Southern District of New York. Suit in equity for infringement of patent by the Weber Electric Company against W. R. Ostrander & Co. Decree for plaintiff, and defendant appeals. Suit is upon claims 1 and 4 of patent No. 743,206 and claim I of patent No. 916,812. The elder patent expired pending suit. The subject-matter is the frequently litigated Weber socket.

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Appeal from the District Court of the United States for the Southern District of New York. Suit in equity for infringement of patent by the Weber Electric Company against W. R. Ostrander & Co. Decree for plaintiff, and defendant appeals. Suit is upon claims 1 and 4 of patent No. 743,206 and claim I of patent No. 916,812. The elder patent expired pending suit. The subject-matter is the frequently litigated Weber socket. The litigious history of these patents is given in Weber, etc., Co. v. Connecticut, etc., Co. (C. C. A.) 263 Fed. 583. Since the date of that decision, Freeman, etc., Co. v.…

1Per curiam

No question of law is here involved, and the exr piration of the senior and controlling of Weber’s patents takes away from this suit all professional interest, except as it completes a protracted history of litigation. Our only duty is to interpret the patents as the senior patent was interpreted by the Supreme Court, and in so doing correct our own decisions, if correction be needed'.

Comparison of the “Connecticut” case (263 Fed. 583) with the Freeman Case in the Third Circuit (262 Fed. 769) will, we think, show with entire clearness that it was admitted by everyone that the sleeve and cap…

2Cases cited2 opinions

  1. E. H. Freeman Electric Co. v. Weber Electric Co.Court of Appeals for the Third Circuit · 1919
  2. Weber Electric Co. v. Connecticut Electric Mfg. Co.Court of Appeals for the Second Circuit · 1920

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