P. W. BROOKS & CO., INC.

v.

NORTH CAROLINA PUBLIC SERVICE CO.

Citator

Cited By

• Pennwalt Corp. v. Durand-Wayland, Inc., 833 F.2d 931 (Fed. Cir. 1987)
  …ollow by substantially the same means, does not help much in application; it is no more than a way of stating the problem. Claude Neon Lights, Inc. v. E. Machlett & Sons, 36 F. 2d 574, 576, 3 USPQ 220, 222 (2d Cir.1929) (L. Hand, J.), cert. denied, 281 U.S. 741, 50 S.Ct. 347, 74 L.Ed. 1155 (1930). The effective application of the doctrine depends on the wisdom of the judges who are charged with this responsibility. When properly exercised, the judge-made doctrine of equivalents helps to fulfill the Consti…
• Georgia-Pacific Corp. v. United States Plywood Corp., 258 F.2d 124 (2d Cir. 1958)
  …outside the language of the claims, courts have not hesitated to apply the doctrine of equivalents, whereby the "essence” of the invention is protected. See Claude Neon Lights v. E. Machlett & Son, 2 Cir., 1929, 36 F. 2d 574, 575, certiorari denied 281 U.S. 741, 50 S.Ct. 347, 74 L.Ed. 1155. In such situations the patentee is protected even though he has been more precise than the subject matter of the invention permits or requires. It would be anomalous if this Court were to strike down a patent because th…
• Champlin v. Commissioner of Internal Revenue, 71 F.2d 23 (10th Cir. 1934)
  …chardson v. Western Oil, Coal & Investment Co. (C. C. A. 8) 3 F.(2d) 403; W. J. Foye Lumber Co. v. Pennsylvania R. Co. (C. C. A. 8) 10 F. (2d) 437; P. W. Brooks & Co. v. North Carolina Public Service Co. (C. C. A. 4) 37 E.(2d) 220, certiorari denied 281 U. S. 741, 50 S. Ct. 347, 74 L. Ed. 1154. There is nothing in Burnet v. Leininger, 285 U. S. 136, 52 S. Ct. 345, 76 L. Ed. 665; to the contrary. It was there held that a man could not take his wife into a partnership without epnsent of the other partners. Th…