Diamond Stone Sawing Mach. Co. of New York v. Dean
Citations
- 111 F. 380
- 1901 U.S. App. LEXIS 4970
Syllabus
<p>Patents—Validity and Infringement—Stone Sawing Machines.</p> <p>Tbe Williams patent, No. 429,874, for improvements in diamond stone sawing machines, and in methods of operating the same, while describing a machine in which theoretically there is an exact correspondence between the feeding movement and the progress made by the saw blade through the material, cannot be limited to one in which there is such exact correspondence at all times in practical operation, which would be inrpossible of attainment with the machine shown, in which there is no such unyielding fixity of the parts as would prevent the yielding of the saw blade by reason of its resiliency or the elasticity of the frame, and its cutting with greater rapidity at some times than at others. Such patent construed, and held not anticipated, valid, and infringed, as to claims 1, 2, and S.</p>
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- “Since Jajfee, most courts have held that claims of ‘garden variety’ emotional damage do not result in a waiver of the psychotherapist/patient privilege.”
- “The problem in these cases is definitional and stems from the imprecision and elasticity of the phrase ‘garden variety.’”
- although possibly increasing in number at least in this circuit, as will soon be discussed
- “It is not clear whether this [i.e., the broad approach] is the Seventh Circuit’s position.”
- “[O]ne cannot use a privilege as both a sword and a shield.”
- “indeterminate state” of damages allegations by plaintiff insufficient for protective order
Source: CourtListener parenthetical corpus (CC0).
Judges: Thomas
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