Westinghouse Electric & Manufacturing Co. v. Stanley Instrument Co.
| Decision Date | 11 March 1903 |
| Docket Number | 1,084. |
| Citation | 129 F. 140 |
| Parties | WESTINGHOUSE ELECTRIC & MANUFACTURING CO. v. STANLEY INSTRUMENT CO. |
| Court | U.S. District Court — District of Massachusetts |
Kerr, Page & Cooper and Frederick P. Fish, for complainant.
Mitchell, Bartlett & Brownell, for defendant.
Upon careful consideration of the evidence, I have reached the conclusion that the complainant has failed to establish, by sufficient proofs, the conception by Tesla of the inventions in suit prior to April 22, 1888, the date of the Ferraris publication. In complainant's supplemental brief I find no reasons stated or authorities cited which should lead the court to any different conclusion.
Since the hearing in the case at bar, the Circuit Court of Appeals for the Second Circuit, in a suit, involving the same patents, brought by this complainant against the Catskill Illuminating & Power Company, upon the same evidence which was before us, has held that the proofs were insufficient to establish invention by Tesla prior to April 22, 1888. This decision, which was passed down February 26, 1903, renders unnecessary an extended opinion by this court, since it would be only a repetition of the views so clearly expressed by Judge Townsend in the opinion of the court in the Catskill Case, 121 F. 831.
A decree may be entered dismissing the bill, with costs.
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Westinghouse Elec. & Mfg. Co. v. Stanley Instrument Co.
...within the influence of said energizing circuits.' The bill was dismissed by the Circuit Court by an opinion passed down on March 11, 1903, 129 F. 140. The only reason dismissal given was that the complainant had failed to establish by sufficient proofs a conception of the invention by Tesl......
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Westinghouse Electric & Manufacturing Co. v. Electric Appliance Co.
...on April 22, 1888. This ruling was followed by Judge Colt, of the First Circuit, in the case of complainants herein against Stanley Instrument Co., 129 F. 140. In Cases of Roberts and Mutual Life Insurance Co. of New York, supra, as herein, this difficulty was overcome. The records in those......
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Westinghouse Electric & Manufacturing Co. v. Roberts
... ... 831-- a conclusion which ... was followed by Judge Colt in a case by the same plaintiffs ... against the Stanley Instrument Co. in the First Circuit, 129 ... [125 F. 9] ... This, ... and the matter of infringement, are the overshadowing ... ...