Curry v. Union Electric Welding Co.
Court of Appeals for the Sixth Circuit
Appeal from the District Court of the United States for the Western Division of the Northern District of Ohio; John M. Killits, Judge. Suit in equity by John P. Curry and Clifford E. Miller against the Union Electric Welding Company and Jacob J. Urschel. Decree for defendants, and complainants appeal.
1Opinion of the Court
DENISON, Circuit Judge.
[1] This is an infringement suit based on patent No. 908,649, issued January 5, 1909, to John P. Curry, for a “tool for twisting wife ties.” The District Court thought there was no infringement, and dismissed the bill; complainants appeal. The case is one of those where it is clear enough that the defendants’ device departs from the form shown in the patent drawing, and yet where, in a broad sense, there is equivalency. Plence, it is necessary to ascertain whether the patentee’s actual improvement in the art was generic enough to cover the defendant’s form, and if so,…
2Cases cited11 opinions
- National Hollow Brake-Beam Co. v. Interchangeable Brake-Beam Co.Court of Appeals for the Eighth Circuit · 1901
- Knapp v. MorssSupreme Court of the United States · 1893
- Herman v. Youngstown Car Mfg. Co.Court of Appeals for the Sixth Circuit · 1911
- McCormick Harvesting Mach. Co. v. C. Aultman & Co.Court of Appeals for the Sixth Circuit · 1895
- National Tube Co. v. MarkCourt of Appeals for the Sixth Circuit · 1914
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3Cited by8 opinions
- Pangborn Corp. v. W. W. Sly Mfg. Co.Court of Appeals for the Fourth Circuit · 1922
- Dunn Wire-Cut Lug Brick Co. v. Toronto Fire Clay Co.Court of Appeals for the Sixth Circuit · 1919
- Bake-Rite Mfg. Co. v. TomlinsonCourt of Appeals for the Ninth Circuit · 1926
- Simplex Window Co. v. Hauser Reversible Window Co.Court of Appeals for the Ninth Circuit · 1918
- French v. Buckeye Iron & Brass WorksCourt of Appeals for the Sixth Circuit · 1926
3 more not listed; retrieve them via the Exa API.