Vacuum Engineering Co. v. Dunn
Court of Appeals for the Second Circuit
Appeal from the District Court of the United States for the Southern District of New York. This cause comes here upon appeal from a decree of the District Court, Southern District of New York, holding that defendant has infringed two United States letters patent and granting the relief usual in such cases.
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Appeal from the District Court of the United States for the Southern District of New York. This cause comes here upon appeal from a decree of the District Court, Southern District of New York, holding that defendant has infringed two United States letters patent and granting the relief usual in such cases. The patents in question are No. 893,853, issued July-21, 1908, to William Locke and Elias B. Dunn (the defendant here) for an “apparatus for removing dust by pneumatic action,” and also No. 919,369, issued April 27, 1909, to the same persons, for “suction apparatus for pneumatic cleaning…
1Opinion of the Court
LACOMBE, Circuit Judge.
[1] Infringement is the only substantial matter in controversy, and the questions mainly discussed are whether certain other patents require such a construction of the claims relied upon that defendant’s device will avoid infringement. Defendant was one of the patentees and his interest passed by proper assignments to complainant company in which he became a stockholder. He asserts that he was unfairly treated by his associates and “frozen out” of the company; for any such injury he has his remedy in some appropriate action. He cannot defend a suit for infringement…
2Cases cited1 opinion
- Westinghouse Mach. Co. v. General Electric Co.Court of Appeals for the Second Circuit · 1913
3Cited by14 opinions
- Camp Bros. & Co. v. Portable Wagon Dump & Elevator Co.Court of Appeals for the Seventh Circuit · 1917
- Papazian v. American Steel & Wire Co. of New JerseyDistrict Court, N.D. Ohio · 1957
- Joseph Bancroft & Sons Co. v. Brewster Finishing Co.District Court, D. New Jersey · 1953
- Mergenthaler Linotype Co. v. International Typesetting Mach. Co.District Court, S.D. New York · 1914
- H. Ward Leonard, Inc. v. Maxwell Motor Sales Co.District Court, S.D. New York · 1917
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