Empire Rubber & Tire Co. v. De Laski & Thropp Circular Woven Tire Co.
Court of Appeals for the Third Circuit
Appeal from the District Court of the United States for the District of New Jersey; J. Warren Davis, Judge. Suit in equity by the De Uaski & Thropp Circular Woven Tire Company against the Empire Rubber & Tire Company for infringement of patent. From a decree-awarding plaintiff damages, but not profits, and refusing to treble the damages, both parties appeal.
1Opinion of the Court
WOOLLEY, Circuit Judge.
In a suit on the De Laski & Thropp patent No. 1,011,450, for a machine for wrapping automobile tires'before vulcanization, instituted by the patentee against an infringing maker, this court affirmed a decree of the District Court holding the patent valid and infringed. De Laski & Thropp Circular Woven Tire Co. v. William R. Thropp & Sons Co. (D. C.) 218 Fed. 458, Id. (C. C. A.) 226 Fed. 941. The present suit was brought by the patentee against the user of the machines which in the first suit were, found to infringe the patent. The District Court again held the patent…
2Cases cited19 opinions
- Dowagiac Manufacturing Co. v. Minnesota Moline Plow Co.Supreme Court of the United States · 1915
- Westinghouse Electric & Manufacturing Co. v. Wagner Electric & Manufacturing Co.Supreme Court of the United States · 1912
- William R. Thropp & Sons Co. v. De Laski & Thropp Circular Woven Tire Co.Court of Appeals for the Third Circuit · 1915
- Columbia Wire Co. v. Kokomo Steel & Wire Co.Court of Appeals for the Seventh Circuit · 1911
- De Laski & Thropp Circular Woven Tire Co. v. William R. Thropp & Sons Co.District Court, D. New Jersey · 1914
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3Cited by4 opinions
- William Wrigley, Jr. Co. v. L. P. Larson, Jr. Co.District Court, N.D. Illinois · 1925
- Buckeye Incubator Co. v. CooleyCourt of Appeals for the Third Circuit · 1927
- Carson v. American Smelting & Refining Co.District Court, W.D. Washington · 1928
- International Vitamin Corp. v. E. R. Squibb & SonsDistrict Court, E.D. New York · 1935