Electric Vehicle Co. v. Barney

U.S. Circuit Court for the District of Southern New York

Electric Vehicle Co. v. Barney

143 F. 551, 1906 U.S. App. LEXIS 4650

CourtU.S. Circuit Court for the District of Southern New York

DecidedJanuary 27, 1906

StatusPublished

This text of 143 F. 551 (Electric Vehicle Co. v. Barney) is published on Counsel Stack Legal Research, covering U.S. Circuit Court for the District of Southern New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Electric Vehicle Co. v. Barney, 143 F. 551, 1906 U.S. App. LEXIS 4650 (circtsdny 1906).

Pincite

Opinion

LACOMBE, Circuit Judge.

This is a motion to restrain the prosecution of this suit, which is brought for alleged infringement of the Selden patent in the use of a foreign-made machine (a “Mercedes”) imported by defendant for his own use. The ground of application is that there is pending in some other circuit a suit for alleged infringement of the Selden patent brought against the manufacturer of the Ford Machine, and this court is asked to suspend the prosecution of this suit until after the Ford suit is determined.

If defendant were using a Ford machine, or if he were asking to have prosecution suspended until the decision of some prior suit against a maker, seller, or a user of a Mercedes machine, the application would probably commend itself to the court; but there seems neither authority nor any sound reason for granting it under existing circumstances.

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LACOMBE, Circuit Judge.

This is a motion to restrain the prosecution of this suit, which is brought for alleged infringement of the Selden patent in the use of a foreign-made machine (a “Mercedes”) imported by defendant for his own use. The ground of application is that there is pending in some other circuit a suit for alleged infringement of the Selden patent brought against the manufacturer of the Ford Machine, and this court is asked to suspend the prosecution of this suit until after the Ford suit is determined.

If defendant were using a Ford machine, or if he were asking to have prosecution suspended until the decision of some prior suit against a maker, seller, or a user of a Mercedes machine, the application would probably commend itself to the court; but there seems neither authority nor any sound reason for granting it under existing circumstances.

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Bluebook (online)

143 F. 551, 1906 U.S. App. LEXIS 4650, Counsel Stack Legal Research, https://law.counselstack.com/opinion/electric-vehicle-co-v-barney-circtsdny-1906.