Legal Opinion

Westinghouse Air-Brake Co. v. New York Air-Brake Co.

U.S. Circuit Court for the District of Southern New York

Decided October 13, 1896PublishedCited by 3 opinions

This case, which comes up for hearing upon pleadings and proofs, is a suit in equity tó enjoin infringement of certain letters patent of the United States.

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This case, which comes up for hearing upon pleadings and proofs, is a suit in equity tó enjoin infringement of certain letters patent of the United States. These patents are three in number, viz.: No. 360,070, to George Westinghouse, Jr., March 29, 1887, for “fluid pressure automatic brake mechanism,” complainant alleging infringement of claims 1 to 5, inclusive; No. 376,837, to George Westinghouse, Jr., January 24, 1888, for “fluid pressure automatic brake mechanism,” complainant alleging infringement of claims 1, 3, and 4; and No. 393,784, to Harvey S. Park, December 4, 1888, complainant…

1Opinion of the CourtLacombe, Circuit Judge

(after stating the facts). Judicial oninion as to the validity and construction of these three patents has been so fully expressed in the various decisions already rendered, and which are referred to below, that no extended disquisition is either necessary or proper in this court. Reference may be had to the opinions cited, for a statement of the reasons which have induced the conclusions hereinafter briefly indicated. .

*617Suit was brought in this court upon 376,837 and the Park patent, and came on for hearing- before Judge Townsend, who sustained the validity of both x>atents, found…

2Cases cited5 opinions

  1. Westinghouse Air-Brake Co. v. New York Air-Brake Co.Court of Appeals for the Second Circuit · 1894
  2. Westinghouse v. New York Air-Brake Co.U.S. Circuit Court for the District of Southern New York · 1893
  3. Boyden Power-Brake Co. v. Westinghouse Air-Brake Co.Court of Appeals for the Fourth Circuit · 1895
  4. New York Air-Brake Co. v. Westinghouse Air-Brake Co.Court of Appeals for the Second Circuit · 1895
  5. Westinghouse v. Boyden Power-Brake Co.U.S. Circuit Court for the District of Maryland · 1895

3Cited by3 opinions

  1. Westinghouse Air Brake Co. v. New York Air Brake Co.Court of Appeals for the Second Circuit · 1902
  2. Westinghouse Air Brake Co. v. New York Air Brake Co.U.S. Circuit Court for the District of Northern New York · 1901
  3. Westinghouse Air-Brake Co. v. Great Northern Ry. Co.U.S. Circuit Court for the District of Southern New York · 1898

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