Witzel v. Butler Bros.
Court of Appeals for the Second Circuit
Appeal from the District Court of the United States for the Southern District of New York. This cause comes here upon appeal from an order of the District Court, Southern District of New York, granting an injunction pendente lite restraining defendant from selling woven wire mattresses alleged to infringe United States reissue No. 13,125, granted June 28, 1910, to C. J. Witzel for a wire mattress.
1Opinion of the Court
LACOMBE, Circuit Judge.
This patent was before us in Witzel v. Berman, 212 Fed. 734, 129 C. C. A. 344, in which case we sustained the decision of Judge Mayer (212 Fed. 447), holding the patent valid and infringed by Berman. The details of the device covered by the patent are set forth in these opinions and need not be here repeated.
The main question presented on this appeal is whether defendant’s device contains the so-called “tension spring” of the Witzel patent. We think Judge Hand was in error in holding that the Berman mattress, which was before us in the former suit, had no tension…
2Cases cited2 opinions
- Witzel v. BermanCourt of Appeals for the Second Circuit · 1914
- Witzel v. BermanDistrict Court, S.D. New York · 1913
3Cited by2 opinions
- General Electric Co. v. P. R. Mallory & Co.District Court, S.D. New York · 1923
- Witzel v. Butler Bros.Court of Appeals for the Second Circuit · 1915