Legal Opinion

Diamond Drill & Machine Co. v. Kelley Bros. & Spielman

U.S. Circuit Court for the District of Eastern Pennsylvania

Decided July 5, 1905PublishedCited by 2 opinions

In Equity. Petition of defendants for leave to file a supplemental bill in the nature of a bill of review.

1Opinion of the Court

ARCHBAED, District Judge.1,

By the former opinion of this court (120 Fed. 282) the patent in suit was sustained, and infringement found. And this, upon appeal, was affirmed. (C. C. A.) 123 Fed. 882, 129 Fed. 756. The case now comes up, upon petition of the defendants, for leave to file a supplemental bill in the nature of a bill of review, in order to present newly discovered evidence which it is claimed establishes a prior use of the patented device; permission to reopen the case for this purpose having been given by the Court of Appeals. 136 Fed. 855.

The finality of litigation and the…

2Cases cited4 opinions

  1. Diamond Drill & Machine Co. v. Kelly Bros.U.S. Circuit Court for the District of Eastern Pennsylvania · 1902
  2. Kelley Bros. & Spielman v. Diamond Drill & Machine Co.Court of Appeals for the Third Circuit · 1903
  3. Kelley v. Diamond Drill & Machine Co.Court of Appeals for the Third Circuit · 1905
  4. Kelley v. Diamond Drill & Machine Co.Court of Appeals for the Third Circuit · 1904

3Cited by2 opinions

  1. Birdsboro Steel Foundry & Machine Co. v. Kelley Bros. & SpielmanCourt of Appeals for the Third Circuit · 1906
  2. United Shoe Machinery Co. v. Duplessis Shoe Machinery Co.District Court, D. Massachusetts · 1906

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