Westinghouse Electric & Mfg. Co. v. Condit Electrical Mfg. Co.
U.S. Circuit Court for the District of Southern New York
In Equity. This court being about to sign a decree in favor of the complainant — having found the validity of the patent and infringement by defendant — defendant objects to the insertion of any provision for an accounting by defendant, on the ground .that there was no allegation in the bill and proof of a compliance with section 4900, Rev. St. U. S. [U. S. Comp. St. 1901, p.' 3388], as to notice, etc., to defendant of the patent and of infringement.
1Opinion of the Court
RAY, District Judge.
No proof was given by the complainant that any notice was given to the public that the device held to be infringed was patented either by fixing thereon the word “Patented,” or by fixing to it a label containing such notice.
*155Section 4900 of the Revised Statutes [U. S. Comp. St. 1901, p. 3388] reads as follows:
“It tihfill be rise duty of all patentees, and their assigns and legal representatives, and of all persons making or vending any patented article for or under them, to give sufficient notice to the public that the same is patented : cither by fixing thereon the word…
2Cases cited2 opinions
- Dunlap v. SchofieldSupreme Court of the United States · 1894
- Lorain Steel Co. v. New York Switch & Crossing Co.U.S. Circuit Court for the District of New Jersey · 1907
3Cited by16 opinions
- Flat Slab Patents Co. v. TurnerCourt of Appeals for the Eighth Circuit · 1922
- International Nickel Company v. Ford Motor CompanyDistrict Court, S.D. New York · 1958
- Parker Rust Proof Co. v. Ford Motor Co.District Court, E.D. Michigan · 1928
- Franklin Brass Foundry Co. v. Shapiro & Aronson, Inc.Court of Appeals for the Third Circuit · 1921
- Hazeltine Corporation v. Radio CorporationDistrict Court, S.D. New York · 1937
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