Thomson-Houston Electric Co. v. Elmira & H. Ry. Co.
U.S. Circuit Court for the District of Northern New York
This was a bill in equity by the Thomson-Houston Electric Company against the Elmira & Horseheads Railway Company for alleged infringement of the Van Depoele patent, No. 424,695, for improvements in suspended switches and traveling contacts for electric railways. A decision on the merits was heretofore rendered. 71 Fed. 396. The question now is as to the matter of costs, and whether complainant should be permitted to withdraw certain claims.
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This was a bill in equity by the Thomson-Houston Electric Company against the Elmira & Horseheads Railway Company for alleged infringement of the Van Depoele patent, No. 424,695, for improvements in suspended switches and traveling contacts for electric railways. A decision on the merits was heretofore rendered. 71 Fed. 396. The question now is as to the matter of costs, and whether complainant should be permitted to withdraw certain claims. It arises upon the settlement of the decree.
1Opinion of the Court
COXE, District Judge.
As to costs. Four of the claims were withdrawn at the argument on intimation by the court that the question of invention as to .them was exceedingly doubtful. The court decided, as to three others, that the defendant did not infringe. Fourteen claims are not included in the decree, presumably for the reason, as to some of them at least, that they are thought to be for the same invention as those which are included. The defendant has been put to the trouble and expense of defending all of these claims, those withdrawn and not infringed equally with the others. In these…
2Cases cited9 opinions
- Electrical Accumulator Co. v. Julien Electric Co.U.S. Circuit Court for the District of Southern New York · 1889
- Ballard v. McCluskeyU.S. Circuit Court for the District of Southern New York · 1893
- Albany Steam Trap Co. v. FelthousenU.S. Circuit Court for the District of Northern New York · 1884
- Tyler v. GallowayU.S. Circuit Court for the District of Northern New York · 1882
- Adams v. HowardU.S. Circuit Court for the District of Southern New York · 1884
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- Barber v. Reo Motor Car Sales Co.District Court, S.D. New York · 1917
- Judelson v. Hill Laundry Equipment Co.Court of Appeals for the Second Circuit · 1927