Legal Opinion

Welsbach Light Co. v. Union Incandescent Light Co.

Court of Appeals for the Second Circuit

Decided April 3, 1900No. 136PublishedCited by 11 opinions

Appeal from (he Circuit Court of the United States for the Southern District of Yew York.

1Per curiam

That part of the order appealed from restraining the defendant, during the pendency of the action, from selling any incandescent mantles “except such as shall he shown to have been coated by others,” can only be justified upon the theory that the patent for infringing which the suit was brought was a patent for a product or manufacture, and not one for a process. If it was a patent for a process, it would not be infringed by selling the product, and no conditions should have been annexed to the exercise of the vendor’s rights. The broad proposition that the vendor of a product whicii has been…

2Cases cited1 opinion

  1. Merrill v. YeomansSupreme Court of the United States · 1877

3Cited by11 opinions

  1. Sanders v. LeechCourt of Appeals for the Fifth Circuit · 1946
  2. United States v. General Electric Co.District Court, D. New Jersey · 1949
  3. Foster D. Snell, Inc. v. PottersCourt of Appeals for the Second Circuit · 1937
  4. In Re Amtorg Trading CorporationCourt of Customs and Patent Appeals · 1935
  5. Metro-Goldwyn-Mayer Corporation v. FearCourt of Appeals for the Ninth Circuit · 1939

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