Thomas & Betts Co. v. Electrical Fittings Corp.

23 F. Supp. 920, 1938 U.S. Dist. LEXIS 2084
CourtDistrict Court, S.D. New York
DecidedMarch 22, 1938
StatusPublished
Cited by4 cases

This text of 23 F. Supp. 920 (Thomas & Betts Co. v. Electrical Fittings Corp.) is published on Counsel Stack Legal Research, covering District Court, S.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Thomas & Betts Co. v. Electrical Fittings Corp., 23 F. Supp. 920, 1938 U.S. Dist. LEXIS 2084 (S.D.N.Y. 1938).

Opinion

HULBERT, District Judge.

There will be a decree:

1. Sustaining the validity of claim No. 1, and

2. Holding invalid claim' Nb. 2 of Letters Patent No. 1,769,947, and

3. Dismissing the Bill (a) as to contributory infringement, (b) for an injunction, and (c) for an accounting.

The Thomas & Betts Company of Elizabeth, New Jersey, and the National Electric Products Corp., of Pittsburgh, Pa., are New Jersey and Delaware corporations, respectively.

Electrical Fittings Corporation and Joselson Sales Corporation are New York corporations, each having its principal office at 27 Warren Street, New York, N. Y., in this District.

Since the incorporation of the latter in February, 1933, the defendant Samuel Joselson and Belle Joselson, his wife, have been President-Secretary and Treasurer, respectively, and sole stockholders, and together with Jack Joselson, a brother of Samuel, constituted the board of directors of Joselson Sales Corporation whose assets were acquired and liabilities assumed by the defendant Electrical Fittings Corporation upon its organization about June 7, 1935. Joselson Sales Corporation has not been active since.

Samuel Joselson is President-Secretary, Irving Tratter, Vice President-Treasurer, and together with Edwin J. Schneider, constitute the board of directors of the defendant Electrical Fittings Corporation. Of its outstanding shares of capital stock, Joselson owns one-half and Tratter and Schneider, one-quarter each.

On or about February 15, 1937, Efcor Sales Corporation was organized as a New York corporation. Tratter is President and Secretary, Schneider, Vice-President, and Joselson, Treasurer, and they are all of its directors and own the shares of its capital stock in the same proportion as in' the Electrical Fittings Corporation.

Schneider and Tratter are connected with the Eastern Tube & Tool Company which manufactures armored cable and fibre bushings and Schneider is the President thereof.

On December 7, 1927, Otto A. Frederickson of Weathersfield, Connecticut, filed an application in United States Patent Office, Ser. No. 238,356 for “armored electric cable” and on October 9, 1928, there was issued to National Electric Products Corporation, one of the plaintiffs, as his assignee," Letters Patent No. 1,687,013.

Claims 2, 7, 8, 9 and 10 of this patent were held valid by the Circuit Court of Appeals, Second Circuit, in National Electric Products Corp. v. Circle Flexible Conduit Co., 62 F.2d 996.

Frederickson pointed out that armored cables in use prior to his patent were open to serious objections; usually they consisted of two or more conductors enclosed in an interlocked covering of insulated material of braided or woven fabric inserted in a spirally wound metallic jacket or sheath which, in commercial use, was cut off some distance from the end of the enclosed conductors in order to make attachments thereof to electrical fixtures. It was further necessary, after cutting the metallic sheath, to sever the interlocked fabric, also by cutting, and injury to the insulation covering the conductor wires was likely to result, or, in any event, the cut end portion of the metallic sheath left burrs or sharp edges liable to penetrate or cut into the insulation, thus creating a short circuit.

The important feature of the Frederickson patent consists of an insulated material of a fibrous nature and associated with the end of the cut metallic of the armor, jacket or sheath, is a sleeve or ferrule to be interposed between the insulated conductor and the interior of the metallic sheath, to avoid all cutting action by the sharp edges or burrs.

On or about July 2, 1928, James M. G. Pullman, filed an application in the United States Patent Office, Ser. No. 295,-559 for “Connecter for Electric Conduits” and Letters Patent No. 1,769,947 were granted and issued July 8, 1930 to National Metal Molding Co., assignee of Fullman.

Prior to the alleged infringement complained of in this action, National Metal Molding Company, by instrument recorded in the Patent Office July 16, 1930, assigned said Letters Patent to National Electric Products Corporation, one of the plaintiffs herein, which is now vested with the legal title, subject to an exclusive license granted to the Thomas & Betts Company (record[922]*922ed Nov. 25, 1933) and certain sub-licenses granted by the latter to manufacture and sell devices embodying the improved inventions claimed thereunder. These devices are two in number, designated as “set screw” and “clamp” connecters.

In the specification of the patent in suit, Fullman -states: “In connecting electrical conduits and armored cables to outlet boxes and other electrical fittings it is usual to cut away the conduit wall or the sheath of the cable and to pass the unsheathed conductors into the box for making the desired electrical connections. In the use of metallic conduits, and particularly in the case of so called flexible metallic armored cable, this leaves a more or less ragged metallic edge which often abrades or cuts into the insulation on the exposed conductors, and is likely to cause short circuits and other injurious effects. , In order to shield the exposed conductors from the edge of the cutaway metallic armor it has been proposed recently to provide a bushing of insulating material which can be slipped over the exposed conductors where the armor is cut away, and having a shoulder bearing against the sharp metallic edge of the armor, as shown and described in Letters Patent No. 1,687,013, dated Oct. 9, 1928. (Frederickson Patent) When such a bushing is used at the joint between an armored cable and an outlet box with connecters of the present usual types, it is largely or altogether hidden within the connecter, so that its presence is not apparent to an inspector or other observer. The present invention provides an improved connecter binding the cable to the outlet box and having means for holding the insulating and protective bushing in place, which will permit the bushing to be visible and thus permit • ready inspection of the system.”

The claims in suit are:

“1. The combination with an armored cable, of a bushing of insulating material having a tubular barrel portion contained within the cable armor apd a shoulder bearing against the end of the armor, and. a connecter and means for securing it to the cable, said connecter having a portion projecting beyond the end of the cable-armor and having inwardly projecting fingers adapted to bear upon the bushing shoulder and retain the bushing in place.

“2. The combination with an electrical conduit, of a bushing having a tubular barrel portion contained within the conduit and a shoulder bearing against the end of the conduit, and a connecter and means for securing it to the conduit, said connecter having means for retaining the bushing in place while leaving it visible to ocular '-inspection.”

There was offered in evidence (Plaintiffs’ Ex. 17) a type of set screw connecter conceded to have been in use for many years and of which the set screw type of plaintiffs’ connecter is a counterpart in every particular except one and in that respect the improvement constitutes the basis of the claimed invention.

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Related

Hazeltine Corp. v. Crosley Corp.
130 F.2d 344 (Sixth Circuit, 1942)
Thomas & Betts Co. v. Steel City Electric Co.
31 F. Supp. 812 (W.D. Pennsylvania, 1940)
Electrical Fittings Corp. v. Thomas
307 U.S. 241 (Supreme Court, 1939)
Thomas & Betts Co. v. Electrical Fittings Corp.
25 F. Supp. 173 (S.D. New York, 1938)

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Bluebook (online)
23 F. Supp. 920, 1938 U.S. Dist. LEXIS 2084, Counsel Stack Legal Research, https://law.counselstack.com/opinion/thomas-betts-co-v-electrical-fittings-corp-nysd-1938.