Cordley v. Richardson Corp.
Court of Appeals for the Second Circuit
Appeal from the District Court of the United States for the Westerñ District of New York. Suit in equity by Henry G. Cordley against the Richardson Corporation. Decree for defendant, and complainant appeals.
1Per curiam
We agree with the reasoning and conclusion of Hazel, J., who heard the case below, and think litigation over this patent a rather striking instance of an endeavor to put novelty and commercial success in the place of invention, a point we have recently commented on in Boston, etc., Co. v. Automatic, etc., Co., 276 Fed. 910.
It is quite true that, in deciding the point of invention, which is always a question of fact, courts should “view the subject-matter from the standpoint of the art concerned.” Kurtz v. Blatt (D. C.) 263 Fed. 392. But it is this view that is fatal to plaintiff’s contention,…
2Cases cited2 opinions
- Boston Pencil Pointer Co. v. Automatic Pencil Sharpener Co.Court of Appeals for the Second Circuit · 1921
- Kurtz v. BlattDistrict Court, S.D. New York · 1920