General Electric Co. v. Wagner Electric Mfg. Co.

Citations

• 123 F. 101
• 1903 U.S. App. LEXIS 4881

Syllabus

<p>1. Patents—Suit for Infringement—Title to Support.</p> <p>A plaintiff shows title to a patent to support an action thereon where it runs to the patentee as assignor to plaintiff, which is equivalent to running to plaintiff as assignee.</p> <p>2. Same—Evidence-Stipulation.</p> <p>Where a fact is stipulated on the record during the taking of testimony, it is evidence in the case, and cannot be withdrawn by one party without the consent of the other or an order of court.</p> <p>8. Same—District of Suit—Waiver of Objection.</p> <p>The Circuit Courts of the United States having full jurisdiction of patent cases, the limitation in respect to the district of residence of a defendant or of place of business and acts of infringement may be waived, and the objection cannot be made after the case has proceeded beyond the pleadings, and into the taking of testimony.</p> <p>4. Same—Electrical Transformers.</p> <p>The Moody patent, No. 591,869, for an electrical transformer, the distinguishing feature of which is the separation of the primary and secondary coils and the core, and the arrangement of passages for the circulation of air for cooling purposes, was not anticipated, and discloses invention. Also held infringed as to claims 4, 5, 6, and 11.</p> <p>¶ 3. Waiver of right as to district in which suit may be brought, see note to Memphis Sav. Bank v. Houchens, 52 C. C. A. 192.</p>