De Laski & Thropp Circular Woven Tire Co. v. United States Tire Co.
Court of Appeals for the Second Circuit
Appeal from the District Court of the United States for the Southern District of New York. Suit in equity by the De I,aski & Thropp Circular Woven Tire Company and the John E. Thropp’s Sons Company against the United States Tire Company. Decree for defendant, and complainants appeal. The decree of the District Court dismissed the bill on claims 1 and 2 of patent No. 822,561, to Peter D. Thropp for an “apparatus for manufacturing wheel tires.”
1Opinion of the Court
HOUGH, District Judge.
[ 1 ] Plaintiffs have heretofore unsuccessfully litigated the claims in suit in the First Circuit. De Laski, etc., Co. v. Fisk, etc., Co. (D. C.) 198 Fed. 125, affirmed 203 Fed. 986, 122 C. C. A. 286. Defeat in that jurisdiction resulted from a finding of anticipation, made by the trial court and affirmed on appeal. It is now sought to (1) carry back Thropp’s date of invention to a time earlier than the use hitherto successfully urged, (2) so interpret the claims as to make them fit what Thropp accomplished when he anticipated the anticipation, and. (3) destructively…
2Cases cited5 opinions
- United Shirt & Collar Co. v. BeattieCourt of Appeals for the Second Circuit · 1906
- De Laski & Thropp Circular Woven Tire Co. v. Fisk Rubber Co.Court of Appeals for the First Circuit · 1913
- Hall-Borchert Dress Form Co. v. Ellanam Adjustable Form Co.Court of Appeals for the Second Circuit · 1914
- Atwood-Morrison Co. v. Sipp Electric & Machine Co.U.S. Circuit Court for the District of New Jersey · 1905
- De Laski & Thropp Circular Woven Tire Co. v. Fisk Rubber Co.District Court, D. Massachusetts · 1912
3Cited by5 opinions
- A. B. Dick Co. v. Underwood Typewriter Co.District Court, S.D. New York · 1916
- Davis-Bournonville Co. v. Alexander Milburn Co.Court of Appeals for the Second Circuit · 1924
- White v. Fafnir Bearing CompanyDistrict Court, D. Connecticut · 1966
- Hudson v. Texas Gulf Sulphur Co.Court of Appeals for the Second Circuit · 1934
- Herman Body Co. v. St. Louis Body & Equipment Co.Court of Appeals for the Eighth Circuit · 1931