Home/Seventh Circuit/Track Specialties Co. v. Barnett

Track Specialties Co. v. Barnett

242 F. 633, 1917 U.S. App. LEXIS 1925
Court of Appeals for the Seventh Circuit·Decided April 10, 1917·No. No. 2297·Published·Cited by 1 cases

Opinion

MACK, Circuit Judge.

This is an appeal from the decision of the District Court enjoining the manufacture, sale, and use of the Superior rail anchor, made pursuant to letters patent No. 1,015,129, granted January 16, 1912, to John A. Bodkin, as being in infringement of claims 1 and 2 of letters patent No. 656,470, granted August 21, 1900, to John E. Pope, claim 3 of letters patent No. 720,362, granted February 10, 1903, to Edward Eaas and Hiram H. Sponenburg, and claim. 2 of letters patent No. 1,021,387, granted March 26, 1912, to David F. and David E. Vaughan.

The following drawings from the patent in suit, the Bodkin patent, and certain alleged anticipating patents to be considered, together with the claims in suit, will help to clarify the situation.

Pope’s claims are:

1. A device for preventing creeping- of rails, comprising a crossbar extending transversely under the rail and having rigid abutments thereon bearing against the opposite edges of the rail flange and adapted to clamp the same, substantially as described.
2. A device for preventing creeping of rails, comprising a holder extending under the rail and bearing against the opposite edges of the rail flange, said holder being set between the ties and having a connection extending laterally therefrom to a tie, substantially as described.

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Track Specialties Co. v. Barnett, 242 F. 633, 1917 U.S. App. LEXIS 1925 (7th Cir. 1917).

242 F. 633 (Track Specialties Co. v. Barnett) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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249 F. 215 (Seventh Circuit, 1917)