New York Scaffolding Co. v. Liebel-Binney Const. Co.
Court of Appeals for the Third Circuit
Appeal from the District Court of the United States for the Western District of Pennsylvania; Charles P. Orr, J udge. Suit in equity by the New .York Scaffolding Company against the Liebel-Binney Construction Company. Decree for defendant, and complainant appeals. Affirmed. The following is the opinion of ORR, District Judge: This is an ordinary patent suit in which United States patent No. 959,008, for “scaffold-supporting means,” issued May 24-, 1910, to E. II.
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Appeal from the District Court of the United States for the Western District of Pennsylvania; Charles P. Orr, J udge. Suit in equity by the New .York Scaffolding Company against the Liebel-Binney Construction Company. Decree for defendant, and complainant appeals. Affirmed. The following is the opinion of ORR, District Judge: This is an ordinary patent suit in which United States patent No. 959,008, for “scaffold-supporting means,” issued May 24-, 1910, to E. II. Henderson is involved. The defenses are that the patent is invalid for want of invention and that, if the patent be valid, yet…
1Opinion of the Court
WOOLLEY, Circuit Judge.
This is a suit for infringement of Letters Patent No. 959,008, issued to E. H. Henderson, May 24, 1910, and is here on the plaintiff’s appeal from a decree of the District Court dismissing the bill on the ground of invalidity of the patent.
The patent is for scaffold-supporting means. The claims in issue are 1 and 3. The alleged infringing scaffold used by the defendant was known as the Whitney scaffolding device, manufactured and leased by Egbert Whitney under a junior patent. (Letters Patent No. 998,270 to Whitney.)
In the erection of modern steel frame structures,…
2Cases cited2 opinions
- Mast, Foos & Co. v. Stover Manufacturing Co.Supreme Court of the United States · 1900
- New York Scaffolding Co. v. WhitneyCourt of Appeals for the Eighth Circuit · 1915
3Cited by4 opinions
- Codex Corporation v. Milgo Electronic Corporation, Codex Corporation v. Milgo Electronic CorporationCourt of Appeals for the First Circuit · 1983
- Lowell v. TriplettCourt of Appeals for the Fourth Circuit · 1935
- Codex Corp. v. Milgo Electronic Corp.District Court, D. Massachusetts · 1982
- Chain Belt Co. v. New York Scaffolding Co.Court of Appeals for the Seventh Circuit · 1917