National Electric Products Corporation v. Grossman, 374.

Citation70 F.2d 257
Decision Date02 April 1934
Docket NumberNo. 374.,374.
PartiesNATIONAL ELECTRIC PRODUCTS CORPORATION v. GROSSMAN.
CourtUnited States Courts of Appeals. United States Court of Appeals (2nd Circuit)

Mock & Blum, of New York City, for appellant.

John C. Kerr and George F. Des Marais, both of New York City, for appellee.

Before MANTON, SWAN, and CHASE, Circuit Judges.

MANTON, Circuit Judge.

This suit is for infringement of patent No. 1,687,013, the validity of which we sustained in National Electric Products Corporation v. Circle Flexible Conduit Co., 62 F.(2d) 996, 997. The invention is for improvements in the construction of electric conduits having metallic shields known as armored cables or conduits. Cables theretofore consisted of two or more insulated conductors inclosed in an interlocked covering of insulated material as braided or woven fabric about which the spirally wound metallic shield was placed. There were objections to this construction. To meet the objections, this inventor used, instead of the old braided outer covering, a spirally wound overlapping layer of compressible material about the assembled conductors; the material providing additional protection to the insulated conductors during the operation of cutting the armor and also being adapted to be readily unwound and stripped off the conductors by hand, thus avoiding the use of a knife or other sharp instrument. This compressible material, spirally wound, co-operates in the introduction of the insulated bushing, as is necessary, and provides space between the metallic armor and the insulated conductor for the insertion of the bushing. In other words, the space is provided by unwinding and turning out a few turns of compressible material inside the severed end of the armor. We said in National Electric Products Corp. v. Circle Flexible Conduits Co., supra:

"This new armor bushing cable made under the patent developed protection which the industry was looking for and proved of great utility and benefit. Manufacturers of armored cable thus substantially reduced fire hazard. The utility of the invention was quickly recognized by its universal adoption by electrical contractors and inspectors as this record discloses. It met with the general approval of electrical inspectors throughout the country, and the old type was largely abandoned. Cable manufacturers obtained licenses and paid royalties for the use of the invention. * * * We think there was invention."

In the defense interposed here, new prior art was disclosed, namely, a patent to Johnson No. 1,757,049 granted May 6, 1930, on an application filed September 20, 1926....

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8 cases
  • Delco Chemicals v. Cee-Bee Chemical Co.
    • United States
    • U.S. District Court — Southern District of California
    • 11 December 1957
    ...7 Cir., 1941, 122 F.2d 740, 745; Nordell v. International Filter Co., 7 Cir., 1941, 119 F.2d 948, 950; National Elec. Products Corp. v. Grossman, 2 Cir., 1934, 70 F.2d 257, 258; R. Hoe & Co. v. Goss Printing Press Co., 2 Cir., 1929, 30 F.2d 271, 274; American Soda Fountain Co. v. Sample, 3 ......
  • Carter-Wallace, Inc. v. Davis-Edwards Pharmacal Corp.
    • United States
    • U.S. Court of Appeals — Second Circuit
    • 4 May 1971
    ...first. Our cases have so held. George Cutter Co. v. Metropolitan Electric Mfg. Co., supra, 275 F. at 164; National Electric Prods. Corp. v. Grossman, 70 F.2d 257, 258 (2 Cir. 1934). The Riverton decision would indeed justify a temporary injunction against a conceded infringer like Davis-Edw......
  • Rosaire v. Baroid Sales Division, National Lead Co.
    • United States
    • U.S. Court of Appeals — Fifth Circuit
    • 8 February 1955
    ...the presumption of validity in such a case see R. Hoe & Co. v. Goss Printing Press Co., 2 Cir., 30 F. 2d 271; National Electric Products Corp. v. Grossman, 2 Cir., 70 F.2d 257; Boynton v. Chicago Hardware Foundry Co., 7 Cir., 77 F.2d Concluding, as we do, that the trial court correctly held......
  • Olsen v. UNITED STATES GYPSUM COMPANY
    • United States
    • U.S. District Court — Eastern District of New York
    • 29 December 1960
    ...anticipated by the prior art patents. Zoomar, Inc. v. Paillard Products, Inc., 258 F.2d 527 (2d Cir. 1958); National Electric Products Corporation v. Grossman, 2 Cir., 70 F.2d 257; Cutler Mail Chute Co. v. Capital Mail Chute Corporation, 2 Cir., 118 F.2d 63; see also Lewis E. Hamel Co., Inc......
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