Legal Opinion
Try-Me Beverage & Compound Co. v. Metropole
District Court, E.D. South Carolina
Decided March 24, 1928No. 413PublishedCited by 5 opinions
1Opinion of the Court
HALE, District Judge.
The plaintiff, owner of design patent of the United States No. 64,568, brings this snit alleging infringement of the patent by the defendant. The plaintiff holds his title to the patent by assignment from F. W. Schwenek, the inventor.
The defenses are that the patent lacks invention by reason of nonpatontability and of anticipation in the prior art, and that it has not been infringed by the defendant.
The plaintiff contends that the patent embodies these elements: (1) There are three distinct panels; (2) the upper panel tapering upwardly, with the middle panel inwardly…
2Cases cited12 opinions
- Gorham Co. v. WhiteSupreme Court of the United States · 1872
- Whiting Mfg. Co. v. Alvin Silver Co.Court of Appeals for the Second Circuit · 1922
- North British Rubber Co. v. Racine Rubber Tire Co. of New York, Inc.Court of Appeals for the Second Circuit · 1921
- Zidell v. DexterCourt of Appeals for the Ninth Circuit · 1920
- Geo. Borgfeldt & Co. v. WeissCourt of Appeals for the Second Circuit · 1920
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3Cited by5 opinions
- Robertson v. CooperCourt of Appeals for the Fourth Circuit · 1931
- W. A. Sheaffer Pen Co. v. Worth Featherweight Pen Co.District Court, S.D. New York · 1930
- Blumcraft of Pittsburgh v. Citizens & South. Nat. Bank of SCDistrict Court, D. South Carolina · 1968
- Swank Products, Inc. v. SilvermanDistrict Court, D. Rhode Island · 1938
- Duncan & Miller Glass Co. v. Hazel Atlas Glass Co.District Court, N.D. West Virginia · 1942