Spalding v. John Wanamaker
Court of Appeals for the Second Circuit
In Error to the District Court of the United States for the Southern District of New York. Separate suits by A. G. Spalding & Bros, against John Wanamaker, New York, and against the Successors of Samuel Buckley & Co. of London and New York, for infringement of patent. Decrees for the defendant in each suit, and plaintiffs appeal.
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In Error to the District Court of the United States for the Southern District of New York. Separate suits by A. G. Spalding & Bros, against John Wanamaker, New York, and against the Successors of Samuel Buckley & Co. of London and New York, for infringement of patent. Decrees for the defendant in each suit, and plaintiffs appeal. These are appeals from decrees of the District Court for the Southern District of New York (Hough, J., presiding), dismissing the bills, with costs. The suits were based upon claims 1, 2, 4, and 5 of Patent No. 878,254, issued on February 4, 1908, to William Taylor…
1Opinion of the CourtLearned Hand, District Judge
(after stating the facts as above). [1] We think this case turns upon the question of infringement, as did the District Judge, and we have no disposition to question the validity of the patent giving it any scope which the reasonable intent of the claims can carry. We therefore consider simply the meaning of that language, present in all the claims, “with steep sides at the peripheries only of said cavities.” As to this the parties differ — the defendants in*532sisting that it positively requires steep sides; the plaintiff, that it need mean no more than that tire relatively steepest part of tire…
2Cases cited2 opinions
- Auto Pneumatic Action Co. v. Kindler & CollinsCourt of Appeals for the Second Circuit · 1917
- Westinghouse Electric & Mfg. Co. v. Condit Electrical Mfg. Co.Court of Appeals for the Second Circuit · 1911
3Cited by42 opinions
- Autogiro Company of America v. The United StatesUnited States Court of Claims · 1967
- Firestone Tire & Rubber Co. v. United States Rubber Co.Court of Appeals for the Sixth Circuit · 1935
- R. Hoe & Co. v. Goss Printing Press Co.Court of Appeals for the Second Circuit · 1929
- Catalin Corporation of America v. Catalazuli Mfg. Co.Court of Appeals for the Second Circuit · 1935
- Reeves Brothers, Inc. v. US Laminating Corp.District Court, E.D. New York · 1968
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