Wright Co. v. Herring-Curtiss Co.
Court of Appeals for the Second Circuit
Appeal from the District Court of the United States for the Western District of New York. Suit in equity by the Wright Company against the Herring-Curtiss Company and Glenn H. Curtiss. Decree for complainant, and defendants appeal. This cause comes here upon appeal from an interlocutory decree of the District Court, Western District of New York, upholding the validity of a patent and finding infringement thereof by defendants.
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Appeal from the District Court of the United States for the Western District of New York. Suit in equity by the Wright Company against the Herring-Curtiss Company and Glenn H. Curtiss. Decree for complainant, and defendants appeal. This cause comes here upon appeal from an interlocutory decree of the District Court, Western District of New York, upholding the validity of a patent and finding infringement thereof by defendants. The patent is Np. 821,393, issued May 22; 1906, to Orville and Wilbur Wright for a flying machine. The claims in controversy are Nos. 3, 7, 14, and 15.
1Per curiam
[1] The questions presented in this case have already been fully discussed. In the case at bar Judge Hazel wrote an opinion, upon granting preliminary injunction, which will be found in 177 Fed. 257. Upon appeal from that decision this court filed a brief memorandum. 180 Fed. 111, 103 C. C. A. 31. Subsequently in a suit by the same complainant against a different infringer Judge Pland elaborately discussed the questions. Wright v. Paulhan (C. C.) 177 Fed. 261. The opinion of Judge Hazel at final hearing, now here for review, will be found in 204 Fed. 597. As we are in full accord with the…
2Cases cited4 opinions
- Wright Co. v. Herring-Curtiss Co.District Court, W.D. New York · 1913
- Wright Co. v. Herring-Curtiss Co.Court of Appeals for the Second Circuit · 1910
- Wright Co. v. Herring-Curtiss Co.District Court, W.D. New York · 1910
- Wright Co. v. PaulhanDistrict Court, S.D. New York · 1910
3Cited by18 opinions
- Marconi Wireless Telegraph Co. of America v. United StatesUnited States Court of Claims · 1942
- Sunrise Medical HHG, Inc. v. AirSep Corp.District Court, W.D. Pennsylvania · 2000
- TM Patents, L.P. v. International Business MacHines Corp.District Court, S.D. New York · 2000
- Winget Kickernick Co. v. Kenilworth Mfg. Co.Court of Appeals for the Second Circuit · 1926
- Kearney & Trecker Corporation v. Giddings & Lewis, Inc.District Court, E.D. Wisconsin · 1969
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