Legal Opinion

Union Hardware Co. v. Selchow

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

Decided December 31, 1901PublishedCited by 9 opinions

In Equity. Suit for infringement of patent. On final hearing. Tliis is a suit for the infringement of letters patent No. 508,017 granted November 14, 1803, to the complainant, as assignee of Christian G. Hoerle, the inventor, for an improvement in trucks Cor roller skates.

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In Equity. Suit for infringement of patent. On final hearing. Tliis is a suit for the infringement of letters patent No. 508,017 granted November 14, 1803, to the complainant, as assignee of Christian G. Hoerle, the inventor, for an improvement in trucks Cor roller skates. The patentee says: •'Jly invention relates to roller skates and more particularly to an improvement in the trucks, its object being to make the trucks lighter, stronger and at the same time cheaper than those now in use. To iliis end my invention consists in blanking the framework of the truck from a single piece of sheet…

1Opinion of the CourtCoxk, District Judge

(after stating me tacts). The patentee substituted sheet metal for cast metal as the material for roller skate trucks. This is the beginning and end of his achievement. It is not pretended that any new function or result is attributable to the change. The skate operates in all its parts precisely'as it *1008did when the cast metal truck was used. The two structures are slightly different in appearance, but these differences are only such as are incident to the material used respectively.

The only advantages pointed out in the patent and in the proofs are that the new truck is lighter, cheaper and…

2Cases cited8 opinions

  1. Hotchkiss v. GreenwoodSupreme Court of the United States · 1851
  2. Florsheim v. SchillingSupreme Court of the United States · 1890
  3. Hicks v. KelseySupreme Court of the United States · 1874
  4. George Frost Co. v. CohnU.S. Circuit Court for the District of Southern New York · 1901
  5. Kilbourne v. W. Pingham Co.Court of Appeals for the Sixth Circuit · 1892

3 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. Low v. McMasterCourt of Appeals for the Third Circuit · 1920
  2. George Frost Co. v. CohnU.S. Circuit Court for the District of Southern New York · 1901
  3. Drake Castle Pressed Steel Lug Co. v. Brownell & Co.Court of Appeals for the Sixth Circuit · 1903
  4. Columbia Metal Box Co. v. HalperCourt of Appeals for the Second Circuit · 1915
  5. George Frost Co. v. SamstagCourt of Appeals for the Second Circuit · 1910

4 more not listed; retrieve them via the Exa API.

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