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PULLMAN INCORPORATED v. ACF INDUSTRIES INCORPORATED

No. 61 Civ. 3644.

269 F.Supp. 279 (1967)

PULLMAN INCORPORATED, Plaintiff, v. ACF INDUSTRIES INCORPORATED, Defendant.

United States District Court S. D. New York.

April 4, 1967.

Attorney(s) appearing for the Case

Kane, Dalsimer, Kane, Sullivan & Smith, New York City, for plaintiff, David S. Kane and Haynes N. Johnson, Stamford, Conn., Robert C. Brown, Jr., and John M. Mann, Chicago, Ill., of counsel.

Davis, Hoxie, Faithfull & Hapgood, New York City, for defendant, John Hoxie, Cyrus S. Hapgood and George E. Faithfull, New York City, of counsel.

OPINION

HERLANDS, District Judge.

In challenging the validity of a patent, advocates sometimes assert facetiously that the patentee, instead of patenting an invention, invented a patent. The occasional aptness of this cliché is illustrated by the present litigation.

The railroad freight car cushioning apparatus that is the subject of the patent in suit differs materially from its predecessors only in the respect that the cushion specified has...

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