Legal Opinion
Cayuta Wheel & Foundry Co. v. Kennedy Valve Mfg. Co.
U.S. Circuit Court for the District of Southern New York
Decided December 18, 1903PublishedCited by 3 opinions
In Equity. On final hearing.
1Opinion of the Court
WHEELER, District Judge.
This suit is brought upon patent No. 631,545, dated August 22, 1899, and granted to Christian E. Loetzer, for a hydrant, with a very long and complicated specification, and 20 claims, all of which, but the nineteenth, are alleged to have been infringed. The defenses are anticipation, abandonment under a law of New York, noninfringement, and that infringement had wholly ceased before suit brought, leaving the remedy, if any, wholly at law.
The acts of 1897 of the state of New York (Laws 1897, p. 166, c. 378) provides (City Charter, § 477):
“No patent hydrant, valve or…
2Cases cited1 opinion
- General Electric Co. v. New England Electric Mfg. Co.District Court, S.D. New York · 1903
3Cited by3 opinions
- Johnson v. Foos Mfg. Co.Court of Appeals for the Sixth Circuit · 1905
- Kennicott Water Softener Co. v. BainCourt of Appeals for the Seventh Circuit · 1911
- J. R. Clark Co. v. Jones & Laughlin Steel Corp.District Court, S.D. Indiana · 1960