Weston Electrical Instrument Co. v. Stevens

• Decision Date: 02 April 1904
• Parties: WESTON ELECTRICAL INSTRUMENT CO. v. STEVENS et al.
• Court: U.S. District Court — Southern District of New York

130 F. 152

WESTON ELECTRICAL INSTRUMENT CO. v. STEVENS et al.

United States Circuit Court, S.D. New York.

April 2, 1904

William H. Kenyon, for the motion.

Joseph C. Fraley, opposed.

LACOMBE, Circuit Judge.

So far as the papers show, the only patent in this record which was not before Judge Wheeler in the suit against Jewell ((C.C.) 128 F. 939) is the Cauderay patent. It is not at all as near to the invention of the patent in suit as are some of the patents and publications which were before Judge Wheeler. The Despres-d'Arsonville publication, which was principally relied upon on argument of this motion, was considered by him. It is mentioned in his opinion. Upon this application his conclusions as to validity and construction should be followed. Without now making any decision as to the other claims, it is held that 8, 12, and 13 are valid, and infringed by defendant's structure, which certainly is as close, if not closer, to the device of the patent than was the infringing structure in the Jewell Case.