Concrete Steel Co. v. Vendenburgh, 261 U.S. 16 (1923)

U.S. Supreme Court

Concrete Steel Co. v. Vendenburgh, 261 U.S. 16 (1923) Concrete Steel Company v. Vendenburgh

No. 238

Argued January 17, 1923

Decided February 19, 1923

261 U.S. 16

CERTIORARI TO THE CIRCUIT COURT OF APPEALS

FOR THE SECOND CIRCUIT

Syllabus

Decided upon the ground expressed in Vandenburgh v. Truscon Steel Co., ante 261 U. S. 6.

278 F. 607 reversed.

Certiorari to a decree of the circuit court of appeals sustaining a patent and awarding damages for infringement.

MR. CHIEF JUSTICE TAFT 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, 261 U. S. 6, and awarding $15,000 for profits to Vandenburgh for defendant's infringement. The two cases cannot be distinguished. We must therefore reverse

Page 261 U. S. 17

the decree of the circuit court of appeals of the Second Circuit and direct the dismissal of the bill.

Reversed.