National Malleable Casting Co. v. American Steel Foundries
U.S. Circuit Court for the District of New Jersey
In Equity. Suit by the National Malleable Casting Company against the American Steel Foundries. Suit for infringement of letters patent Nos. 728,049 and 728,182, both granted May 12, 1903, to complainant, as assignee of Clinton A. Tower, for improvements in car couplers.
1Opinion of the Court
RFLDSTAB, District Judge.
Both these patents relate to the same type of coupler, and have the same fundamental features of form and operation. Patent No. 728,049, applied for March 17, 1902, is the basic patent, and patent No. 728,182, applied for May 29, 1902, covers certain detail improvements suggested while constructing patterns for the device shown in the former patent.
No commercial use was made of the exact device shown in patent No. 728,049. The coupler made and sold by the complainant, known as the “Climax coupler,” is that shown in such patent, with the improvements covered by patent…
2Cases cited28 opinions
- Miller v. Eagle Manufacturing Co.Supreme Court of the United States · 1894
- Deering v. Winona Harvester WorksSupreme Court of the United States · 1894
- Bates v. CoeSupreme Court of the United States · 1878
- Hollister v. Benedict & Burnham Manufacturing Co.Supreme Court of the United States · 1885
- Leeds & Catlin Company v. Victor Talking Machine Company (No. 2)Supreme Court of the United States · 1909
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3Cited by15 opinions
- Aro Manufacturing Co. v. Convertible Top Replacement Co.Supreme Court of the United States · 1964
- Southwestern Tool Co. v. Hughes Tool Co.Court of Appeals for the Tenth Circuit · 1938
- Connecticut Telephone & Electric Co. v. Automotive Equipment Co.District Court, D. New Jersey · 1926
- Wilson v. Union Tool Co.Court of Appeals for the Ninth Circuit · 1920
- Bassick Mfg. Co. v. Ready Auto Supply Co.District Court, E.D. New York · 1927
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