American Safety Device Co. v. Liebel-Binney Const. Co.
Court of Appeals for the Third Circuit
Appeal from the 'District Court of the United States for the Western District of Pennsylvania; Charles P. Orr, Judge. Suit in equity by the American Safety Device Company against the Xfiebei-Binney Construction Company. Decree for defendant, and complainant appeals.
1Opinion of the Court
WOOLLEY, Circuit Judge.
This is a bill charging the defendant witli infringement of .Betters Patent No. 763,274, issued June 21, 1904, to Clair Foster, and assigned to the plaintiff. At, the opening of the hearing the defendant moved to dismiss the cause on hill and answer, upon the ground that the patent is void on its face. The District Court granted the motion a.nd dismissed the bill without an opinion. The plaintiff brings this appeal, specifying error to the court, (1) in holding the claims of the patent invalid, and (2) in so holding upon the face of the patent and without taking proof.
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2Cases cited6 opinions
- Brown v. PiperSupreme Court of the United States · 1875
- Slawson v. Grand Street RailroadSupreme Court of the United States · 1883
- Chinnock v. Paterson, P. & S. Tel. Co.Court of Appeals for the Third Circuit · 1902
- Wills v. Scranton Cold Storage & Warehouse Co.Court of Appeals for the Third Circuit · 1907
- Victor Talking Mach. Co. v. Hawthorne & Sheble Mfg. Co.U.S. Circuit Court for the District of Eastern Pennsylvania · 1909
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3Cited by7 opinions
- Rubinstein v. Silex Co.District Court, S.D. New York · 1947
- Chiplets, Inc. v. June Dairy Products Co.District Court, D. New Jersey · 1950
- Juniper Mills, Inc. v. J. W. Landenberger & Co.District Court, E.D. Pennsylvania · 1947
- Coca-Cola Co. v. Whistle Co. of AmericaDistrict Court, D. Delaware · 1927
- Gatch Wire Goods Co. v. W. A. Laid-Law Wire Co.Court of Appeals for the Seventh Circuit · 1939
2 more not listed; retrieve them via the Exa API.