Barber v. Otis Motor Sales Co.
District Court, N.D. New York
In Equity. Suit by William Barber against the Otis Motor Sales Company. Application for a request to the Circuit Court of Appeals to recall its mandate, and for a rehearing.
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In Equity. Suit by William Barber against the Otis Motor Sales Company. Application for a request to the Circuit Court of Appeals to recall its mandate, and for a rehearing. This is an application to this court for an order opening and vacating the decree entered herein by this court pursuant to the mandate of the Circuit Court of Appeals, Second Circuit (240 Fed. 723, 153 C. C. A. 521), affirming the decision of this court, and the interlocutory decree entered thereon, to the effect that claims 8 and 9 of the patent issued to William Barber, assignor to Ada S. Barber, No. 781,802, dated…
1Opinion of the CourtRay, District Judge
(after stating the facts as above). This application is based on alleged newly discovered evidence bearing on the question of the validity of the claims in issue of the patent in suit and on the question of infringement as well, and which alleged newly discovered evidence consists of a large number of patents, the most of which constitute what is commonly known in patent litigation as the prior art. The application is also based upon the decision of Judge Hazel (245 Fed. 938) in a suit upon the same patent, and one of the claims in issue, wherein William Barber was plaintiff and Reo Motor Car…
2Cases cited4 opinions
- Barber v. Otis Motor Sales Co.Court of Appeals for the Second Circuit · 1916
- Sundh Electric Co. v. Cutler-Hammer Mfg. Co.Court of Appeals for the Second Circuit · 1917
- Barber v. Otis Motor Sales Co.District Court, N.D. New York · 1910
- Barber v. Reo Motor Car Sales Co.District Court, S.D. New York · 1917
3Cited by4 opinions
- Gairing Tool Co. v. Eclipse Interchangeable Counterbore Co.Court of Appeals for the Sixth Circuit · 1931
- Borg-Warner-Corporation v. Mall Tool CompanyCourt of Appeals for the Seventh Circuit · 1955
- Dunkley Co. v. Central California Canneries Co.District Court, N.D. California · 1921
- Industrial Instrument Corporation v. The Foxboro CompanyCourt of Appeals for the Fifth Circuit · 1964