Excelsior Needle Co. v. Morse-Keefer Cycle-Supply Co.
Court of Appeals for the Second Circuit
Cross Appeals from tbe Circuit Court of the United States for the District of Connecticut. This cause comes here upon cross appeals from a decree of-the circuit court, district of Connecticut. 97 Fed. 627. The suit was brought upon two patents owned by complainant, viz.
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Cross Appeals from tbe Circuit Court of the United States for the District of Connecticut. This cause comes here upon cross appeals from a decree of-the circuit court, district of Connecticut. 97 Fed. 627. The suit was brought upon two patents owned by complainant, viz. No. 474,458, May 10, 1892 (application filed October 12, 1891), to William H. Dayton, for a swaging machine, and No. 492,576, February 28, 1893 (application filed September 21, 1892), to William H. Dayton, for machine for swaging wire. The earlier patent contains three claims, all of which the circuit court held invalid for…
1Opinion of the Court
LACOMBE, Circuit Judge.
The patentee has been connected for 35 years with the Excelsior Needle Company, the complainant, a manufacturer of steel articles such as needles, bicycle spokes, etc., and assigned both patents to it. The machines built under these patents have been used for the manufacture of double-butt swaged bicycle spokes, and, as the bicycle industry increased enormously during the period between 1893 and the taking of the proofs in this case, it is not surprising to find that the output of such spokes has run up into the millions. The douhle-butt swaged bicycle spoke appears to…
2Cases cited2 opinions
- Consolidated Fastener Co. v. HaysCourt of Appeals for the Second Circuit · 1900
- Briggs v. DuellCourt of Appeals for the Second Circuit · 1899
3Cited by3 opinions
- Haynes Stellite Co. v. ChesterfieldDistrict Court, E.D. Michigan · 1925
- Miller v. HamiltonCourt of Appeals for the Eighth Circuit · 1914
- Wheeler v. JamesU.S. Circuit Court for the District of Eastern New York · 1911