Gilbert Mfg. Co. v. Post & Lester Co.
U.S. Circuit Court for the District of Connecticut
In Equity. Suit by the Gilbert Manufacturing Company against the Post & Lester Company. On demurrer to bill. Overruled.
1Opinion of the Court
PLATT, District Judge.
[1] Under the decisions it is clear that the method herein used for assailing a patent, which is deemed manifestly invalid on its face, is proper and meritorious, because if it succeeds, the litigants are saved time, labor, and expense. It should not be urged, unless competent counsel in charge of the defendant’s interests are absolutely sure of their ground. In the. case at bar I am confident that the capable counsel for the demurrant filed the demurrer in the best of faith, and their action meets with my approval. The granting of the patent carries with it, of course,…
2Cases cited3 opinions
- Eclipse Manuf'g Co. v. AdkinsU.S. Circuit Court for the Northern District of Illnois · 1888
- Stillwell v. McPhersonCourt of Appeals for the Second Circuit · 1910
- Stillwell v. McPhersonU.S. Circuit Court for the District of Northern New York · 1909
3Cited by2 opinions
- Stromberg Motor Devices Co. v. Holley Bros. Co.District Court, E.D. Michigan · 1919
- Card v. Standard Coal & Coke Co.District Court, E.D. Tennessee · 1912