Hildreth v. Auerbach
District Court, S.D. New York
In Equity. Suit by Herbert L. Hildreth against A. Leopold Auerbach and another, for infringement of the Hildreth patent, No. 832,-384, and the Thibodeau patent, No. 857,770, for improvements in candy-pulling machines. Bill dismissed as to the Hildreth patent, and decree for complainant as to the Thibodeau patent.
1Opinion of the Court
LEARNED HAND, District Judge.
[1] The Circuit Court of Appeals for the Fourth Circuit has now affirmed Judge Rose’s judgment in Hildreth v. Lauer & Suter Co. (D. C.) 204 Fed. 792, upon his opinion in that case. Of course, this is not absolutely controlling upon me (Mast-Foos Co. v. Stover Co., 177 U. S. 485, 20 Sup. Ct. 708, 44 L. Ed. 856) in the sense that it is res adjudicata; yet, iii case of doubt, it is substantially so (Voigtmaim v. Seely, 198 Fed. 485, 119 C. C. A. 386; Doelger v. German-American Filter Co., 204 Fed. 274, 122 C. C. A. 472), even in cases other than patents (Gleason v.…
2Cases cited6 opinions
- Mast, Foos & Co. v. Stover Manufacturing Co.Supreme Court of the United States · 1900
- Hildreth v. Lauer & Suter Co.District Court, D. Maryland · 1913
- Doelger v. German-American Filter Co. of New YorkCourt of Appeals for the Second Circuit · 1913
- Toledo Computing Scale Co. v. Computing Scale Co.Court of Appeals for the Seventh Circuit · 1913
- Gleason v. ThawCourt of Appeals for the Second Circuit · 1912
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Mastoras v. HildrethCourt of Appeals for the Ninth Circuit · 1920
- Schute v. HildrethCourt of Appeals for the Third Circuit · 1925
- United States Hat Machinery Corp. v. Boesch Mfg. Co.Court of Appeals for the Second Circuit · 1939