Legal Opinion

Westinghouse Electric & Mfg. Co. v. National Electric Co.

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

Decided February 20, 1905Published

In Equity. Final hearing of bill upon Tesla patents, Nos. 38.1,-968, 381,969, 38.3,280, and 382,281, issued of like date, May 1, 1888. The alleged infringing device is a synchronous motor and alternating current polyphase generator, thus distinguishable from the nonsynchro-nous motors involved in prior adjudications under the broad patents, Nos. 381,968 and 382,280.

1Opinion of the Court

SEAMAN, Circuit Judge.

While the validity of all the patents is assailed by the answer and testimony on the part of the defendant, the only issue pressed at the hearing and in the briefs by way of defense is noninfringement. That issue, however, rests on consideration of the prior art, and the difficulties in the way of its solution are not much simplified by passing the question of validity. Indeed, in the light of the opinions which have been handed down, discussing both prior art and alleged anticipations, and upholding the broad patents, Nos. 381,968 and 382,280, I am impressed with the…

2Cases cited10 opinions

  1. Westinghouse Electric & Mfg. Co. v. Stanley Instrument Co.Court of Appeals for the First Circuit · 1904
  2. Westinghouse Electric & Mfg. Co. v. RobertsDistrict Court, E.D. Pennsylvania · 1903
  3. Dayton Fan & Motor Co. v. Westinghouse Electric & Mfg. Co.Court of Appeals for the Sixth Circuit · 1902
  4. Westinghouse Electric & Mfg. Co. v. Dayton Fan & Motor Co.U.S. Circuit Court for the District of Southern Ohio · 1901
  5. Westinghouse Electric Mfg. Co. v. New England Granite Co.Court of Appeals for the Second Circuit · 1901

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