BALDWIN-LIMA HAMILTON CORP. v. TATNALL MEAS. SYS. CO.

No. 12846.

268 F.2d 395 (1959)

BALDWIN-LIMA-HAMILTON CORPORATION and Edward E. Simmons, Jr., Plaintiffs-Appellants v. TATNALL MEASURING SYSTEMS COMPANY and Budd Company, Defendants-Appellees.

United States Court of Appeals Third Circuit.

Decided May 20, 1959.

Rehearing Denied August 5, 1959.


Attorney(s) appearing for the Case

Walter J. Blenko, Pittsburgh, Pa. (Arthur Littleton, Philadelphia, Pa., Walter J. Blenko, Jr., Pittsburgh, Pa., on the brief; Morgan, Lewis & Bockius, Philadelphia, Pa., Edward A. Hathaway, Waltham, Mass., Blenko, Hoopes, Leonard & Buell, Pittsburgh, Pa., of counsel), for plaintiffs-appellants.

Joseph W. Swain, Jr., Philadelphia, Pa. (Dexter N. Shaw, Thomas N. O'Neill, Jr., Montgomery, McCracken, Walker & Rhoads, John C. Dorfman, Howson & Howson, Philadelphia, Pa., on the brief), for defendants-appellees.

Before McLAUGHLIN, KALODNER and STALEY, Circuit Judges.


PER CURIAM.

Plaintiff appeals from the finding of misuse of the suit patent.

We agree with the district court that the test body is not an element of the patent which is for a gage per se.

The limitation on use of the gage imposed by appellant, as found by the district court, consists of a flat refusal to sell it to prospective purchasers desirous of using it with strain sensitive apparatus of a type manufactured by Baldwin or its licensees unless...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases