Westinghouse Electric & Mfg. Co. v. Roller-Smith Co.
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, dismissing the bill of complaint in a suit brought for infringement of patent. The patent is number 633,772, granted September 26, 1899, for an Automatic Switch Breaker to Wright and Alborg, assignors to complainant.
1Opinion of the Court
LACOMBE, Circuit Judge.
This patent has been several times before the courts and has been fully discussed in the several opinions filed from time to time. The first suit was brought against the Cutter Company; it was dismissed in the trial court, but upon appeal the patent was held valid and infringed by the Court of Appeals for the Third Circuit. 143 Fed. 966, 75 C. C. A. 152. A second suit against the same defendant to enjoin a modified form of its first device was also dismissed by the trial court but upon appeal the same Court of Appeals, despite a number of new defenses, again held the…
2Cases cited5 opinions
- Westinghouse Electric & Mfg. Co. v. Cutter Electrical & Mfg. Co.Court of Appeals for the Third Circuit · 1906
- Westinghouse Electric & Mfg. Co. v. Condit Electrical Mfg. Co.Court of Appeals for the Second Circuit · 1909
- Westinghouse Electric & Mfg. Co. v. Condit Electrical Mfg. Co.U.S. Circuit Court for the District of Southern New York · 1908
- Westinghouse Electric & Mfg. Co. v. Cutter Electric & Mfg. Co.Court of Appeals for the Third Circuit · 1909
- Westinghouse Electric Mfg. Co. v. Condit Electrical Mfg. Co.U.S. Circuit Court for the District of Southern New York · 1909