Legal Opinion
United States Fastener Co. v. Bradley
Court of Appeals for the Second Circuit
Decided November 7, 1906No. 214PublishedCited by 3 opinions
Appeal from the Circuit Court of the United States for the Southern District of New York. _On appeal froth a decree of the Circuit Court for the Southern District of New York, holding valid and infringed claim 1 of letters patent, No: 580,000, granted April 6,1897, to Eugene Pringle, for an improvement in separable buttons. The opinion of the Circuit Court is reported in 143 Fed. 523.
1Opinion of the Court
COXE, Circuit Judge.
The facts are fully set out arid the issues clearly stated in the opinion of the court below. These need not be repeated.
"We agree with the judge of the Circuit Court in his disposition of the' defenses of noninfringement, double patenting, inoperative character of the device covered by the first claim, abandonment and res judicata. That the latter defense was correctly disposed of is now conclusively established by the production in court of the original decree showing affirmatively that the former suit was not decided on the merits but was dismissed solely for lack of…
2Cases cited4 opinions
- Consolidated Fastener Co. v. Columbian Fastener Co.U.S. Circuit Court for the District of Northern New York · 1897
- Consolidated Fastener Co. v. HaysCourt of Appeals for the Second Circuit · 1900
- Consolidated Fastener Co. v. LittauerCourt of Appeals for the Second Circuit · 1897
- Kent v. SimonsU.S. Circuit Court for the District of Massachusetts · 1889
3Cited by3 opinions
- Beryle v. San Francisco Cornice Co.U.S. Circuit Court for the District of Northern California · 1910
- Snelling v. Dernell Potato Products Co.District Court, W.D. New York · 1929
- United States Fastener Co. v. StahelU.S. Circuit Court for the District of Southern New York · 1906