February 19, 1923
Mr. Thomas J. Johnston, of New York, City, for Concrete Steel Co.
Messrs. O. Ellery Edwards, of New York City, and Carlos P. Griffin of San Francisco, Cal., for Vandenburgh.
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., 261 U.S. 6 , 43 Sup. Ct. 331, 67 L. Ed. -- and awarding $15,000 for profits to Vandenburgh for defendant's infringement. The two cases cannot be distinguished. We must therefore reverse [261 U.S. 16, 17] the decree of the Circuit Court of Appeals of the Second Circuit, and direct the dismissal of the bill.