Concrete Steel Co. v. Vandenburgh — 261 U.S. 16

Majority — Taft C.J.

p. 16

CONCRETE STEEL COMPANY v. VANDENBURGH.

Syllabus

CERTIORARI TO THE CIRCUIT COURT OP APPEALS FOR THE SECOND circuit;

No. 238.

Argued January 17, 1923.

Decided February 19, 1923.

Decided upon the grounds expressed in Vandenburgh v. Truscon Steel Co., ante, 6.

278 Fed. 607 , reversed.

Certiorari to a decree of the Circuit Court of Appeals sustaining a patent and awarding damages for infringement.

Mr. Thomas J. Johnston, with whom Mr. Lucius E. Varney was on the brief, for petitioner.

Mr. O. Ellery Edwards and Mr. Carlos P. Griffin, with whom Mr. Joseph W. Cox was on the brief, for respondent.

Mr. Solicitor General Beck, Mr. Assistant Attorney General Lovett and Mr. Melville D. Church, by leave of court; filed a brief on behalf of the United States, as amici curiae.'-

delivered the opinion of the Court.

This is a review' of the decree of the Circuit .Court of Appeals of the Second Circuit sustaining the validity of claim No. 3 of the Vandenburgh patent, just considered in the previous case of Vandenburgh v. Truscon Steel Co., ante, 6, and awarding $15,000 for profits to Van-denburgh for defendant’s infringement. The two cases can not be distinguished. We must, therefore, reverse

p. 17

the decree of the Circuit Court of Appeals of the Second Circuit and direct the dismissal of the bill.

Reversed.