Westinghouse Air Brake Co. v. New York Air Brake Co.
U.S. Circuit Court for the District of Northern New York
Suit in equity for injunction to restrain alleged infringement of claim 7 of United States letters patent No. 401,916, as limited by a disclaimer filed about June 13, 1902, dated April 23, 1889, for new and useful improvements in engineers’ brake valves.
1Opinion of the Court
RAY, District Judge.
Heretofore this patent, No. 401,916, dated April 23, 1899, issued to George Westinghouse, Jr., and Frank Moore, for new and useful improvement in engineers’ brake valves, and now owned by complainant, has been the subject of litigation between these’same parties. Westinghouse Air Brake Co. v. New York Air Brake Co. (C. C.) 112 Fed. 424, reversed 119 Fed. 874, 56 C. C. A. 404. In that suit claims 3, 4, '6, 7, 8, and 9 were at first involved. At the circuit Judge Coxe said:
“The eighth claim is the same as the fourth with an additional element added, namely, ‘a direct…
2Cases cited4 opinions
- Thompson v. N. T. Bushnell Co.Court of Appeals for the Second Circuit · 1899
- Westinghouse Air Brake Co. v. New York Air Brake Co.Court of Appeals for the Second Circuit · 1902
- Albany Steam Trap Co. v. WorthingtonCourt of Appeals for the Second Circuit · 1897
- Westinghouse Air Brake Co. v. New York Air Brake Co.U.S. Circuit Court for the District of Northern New York · 1901
3Cited by2 opinions
- Altoona Publix Theatres, Inc. v. American Tri-Ergon Corp.Supreme Court of the United States · 1935
- Fruehauf Trailer Co. v. Highway Trailer Co.District Court, E.D. Michigan · 1931