Legal Opinion

Westinghouse Electric & Mfg. Co. v. Condit Electrical Mfg. Co.

Court of Appeals for the Second Circuit

Decided December 11, 1911No. 68PublishedCited by 21 opinions

Appeal from the Circuit Court of the United States for the Southern District of New York. Suit in equity by the Westinghouse Electric & Manufacturing Company against the Condit Electrical Manufacturing Company. Decree for defendant, and complainant appeals.

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Appeal from the Circuit Court of the United States for the Southern District of New York. Suit in equity by the Westinghouse Electric & Manufacturing Company against the Condit Electrical Manufacturing Company. Decree for defendant, and complainant appeals. Appeal from a decree of 1lie Circuit Court, Soul horn District of New York, in a suit to restrain the alleged infringement of letters patent No. 633,771 issued September 26, to tbe complainant as assignee of Gilbert Wright and Christian Aalborg for an improvement in switches for electric circuits. The patent in suit is a separate patent…

1Opinion of the CourtNoyes, Circuit Judge

(after stating the facts as above). [1] Our decision in the circuit breaker patent case has little application here. We regarded) the question of invention in that case as doubtful hut resolved it in favor of the patentees by reason of especial advantages in *429the structure, none of which, except perhaps the form, had any reference to the switch element. Besides we think that the claims of this patent cover something more than the switch of the other. This case also differs from that in that there it appeared that the circuit breaker had gone into extensive use, while it is not shown that this…

2Cited by21 opinions

  1. Smith v. SnowSupreme Court of the United States · 1935
  2. General Electric Co. v. Laco-Philips Co.Court of Appeals for the Second Circuit · 1916
  3. Spalding v. John WanamakerCourt of Appeals for the Second Circuit · 1919
  4. Bergman v. Aluminum Lock Shingle Corp. of AmericaCourt of Appeals for the Ninth Circuit · 1957
  5. R. Hoe & Co. v. Goss Printing Press Co.Court of Appeals for the Second Circuit · 1929

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