Opinion

New York Scaffolding Co. v. Whitney

  • 224 F. 452
  • 140 C.C.A. 138
  • 1915 U.S. App. LEXIS 1906
Court
Court of Appeals for the Eighth Circuit
Filed
May 12, 1915
Status
Published
Author
Smith
On the bench
Sanborn, Smith, Trieber
Cited by
47 cases

“Contributory infringement is the intentional aiding of one person by another in the unlawful making, or selling, or using of a third person’s patented invention”

How later courts described this case

  • “Contributory infringement is the intentional aiding of one person by another in the unlawful making, or selling, or using of a third person’s patented invention”

Written by the judges who cited it.

The opinion

SMITH, Circuit Judge

(dissenting). Believing that the alleged patent of the appellant covers nothing but ordinary mechanical skill applied to the prior art, I think the patent is void, and this case should be affirmed. I therefore respectfully dissent from the foregoing opinion.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.