Wright Co. v. Herring-Curtiss Co.
Court of Appeals for the Second Circuit
Appeal from the Circuit 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. Defendants appeal from an order granting a preliminary injunction. 177 Red. 257. This cause comes here upon appeal from an order of the Circuit Court, Western District of New York, granting a preliminary injunction in a bill in equity brought for infringement of a patent.
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Appeal from the Circuit 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. Defendants appeal from an order granting a preliminary injunction. 177 Red. 257. This cause comes here upon appeal from an order of the Circuit Court, Western District of New York, granting a preliminary injunction in a bill in equity brought for infringement of a patent. The patent is No. 821,393, issued May 22, 1906, to Orville Wright and Wilbur Wright for a flying machine. The patent has never been…
1Per curiam
There is no dispute as to the proposition that the question whether or not there has been infringement of this patent, however broadly it may be construed, dépends upon the question whether or not in defendant’s machine a tendency to spin or swerve is checked or counteracted by the operation of the vertical rudder. That of course — on its theoretical and on its practical side — is a question of fact. The. record before us contains numerous affidavits which were not presented until after original decision and which, as both sides state, were admitted upon motion for rehearing without…
2Cases cited2 opinions
- Hall Signal Co. v. General Ry. Signal Co.Court of Appeals for the Second Circuit · 1907
- Westinghouse Electric & Mfg. Co. v. Montgomery Light & Power Co.Court of Appeals for the Second Circuit · 1905
3Cited by8 opinions
- Wright Co. v. Herring-Curtiss Co.Court of Appeals for the Second Circuit · 1914
- Meccano, Ltd. v. WanamakerCourt of Appeals for the Second Circuit · 1918
- Wright Co. v. Herring-Curtiss Co.District Court, W.D. New York · 1913
- Lovell-McConnell Mfg. Co. v. Automobile Supply Mfg. Co.U.S. Circuit Court for the District of Eastern New York · 1911
- Montgomery v. United StatesUnited States Court of Claims · 1928
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