Legal Opinion
Weil Pump Co. v. Chicago Pump Co.
Court of Appeals for the Seventh Circuit
Decided November 28, 1934No. 5070PublishedCited by 16 opinions
1Opinion of the Court
SPARKS, Circuit Judge.
This is a patent infringement suit, involving claims 1, 2, 4, and 9 1 of Patent No. 1,666,873. The patent, which covers a duplex pumping apparatus, was issued April 17,1928, to A. C. Durdin, Jr., on an application filed by him April 27, 1927.
The defenses are invalidity and non-infringement. The alleged invalidity is based on (1) prior ar.t, (2) non-compliance with R. S. § 4888 (35 USCA § 33), and (3) the fact that the claims are for mere functions.
The apparatus comprises a cistern or well which receives liquid through an inlet; two electric motors; two centrifugal pumps,…
2Cases cited4 opinions
- Kokomo Fence MacHine Co. v. KitselmanSupreme Court of the United States · 1903
- Burroughs Adding Mach. Co. v. Felt & Tarrant Mfg. Co.Court of Appeals for the Seventh Circuit · 1917
- State Bank of Chicago v. Hillman'sCourt of Appeals for the Seventh Circuit · 1910
- Northwest Engineering Corp. v. Keystone Driller Co.Court of Appeals for the Seventh Circuit · 1934
3Cited by16 opinions
- Deere & Company v. International Harvester CompanyCourt of Appeals for the Seventh Circuit · 1981
- Flowers v. Austin-Western Co.Court of Appeals for the Seventh Circuit · 1945
- Serge A. Scherbatskoy v. United States Steel Corporation and Sperry Rand CorporationCourt of Appeals for the Seventh Circuit · 1961
- Craftint Mfg. Co. v. BakerCourt of Appeals for the Ninth Circuit · 1938
- Texas Co. v. Globe Oil & Refining Co.District Court, N.D. Illinois · 1953
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