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Bullock Electric Manufacturing Co. v. Crocker-Wheeler Co.

141 F. 101 (1905)

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Bullock Electric Manufacturing Co. v. Crocker-Wheeler Co.

United States Circuit Court for the District of New Jersey

141 F. 101 (1905)

Facts

On November 27, 1891, Harry Leonard (plaintiff) applied for a patent on a multiple-voltage electrical system. The patent was issued on July 5, 1892. Leonard and his purported licensee, Bullock Electric Manufacturing Company (plaintiff), brought suit to enjoin alleged infringement of the patent by Crocker-Wheeler Co. (defendant). As a defense, Crocker-Wheeler asserted that the Leonard patent was anticipated by a patent with an application date of November 11, 1891, issued to Smith on March 15, 1892. Leonard introduced written evidence in the form of a description of Leonard’s invention that bore the signature of his patent attorney, H. W. Seeley, with a date of October 3, 1891. Though Seeley was deceased, two witnesses attested to the authenticity of the signature. There was evidence that the delay in filing Leonard’s application was due to Seeley’s ill health.

Rule of Law

Issue

Holding and Reasoning (Lanning, J.)

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