New York Air-Brake Co. v. Westinghouse Air-Brake Co.
This text of 69 F. 715 (New York Air-Brake Co. v. Westinghouse Air-Brake Co.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Second Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
We agree with the court below that the defendant’s apparatus is an infringement of the first, second, and fourth claims of patent No. 360,070, and deem it unnecessary to add anything to the opinion of Judge Lacombe. The question whether the apparatus is an infringement of the first claim of patent No. 37(5,-837 is too doubtful to be resolved in favor of trie complainant upon a motion for a preliminary injunction, and should be reserved for disposition upon the final hearing of the cause. So far as thé order appealed from allows an injunction for the infringement of this claim, it should be reversed; otherwise, it is affirmed. Ordered accordingly.
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Cite This Page — Counsel Stack
69 F. 715, 16 C.C.A. 371, 1895 U.S. App. LEXIS 2424, Counsel Stack Legal Research, https://law.counselstack.com/opinion/new-york-air-brake-co-v-westinghouse-air-brake-co-ca2-1895.