Van Kannel Revolving Door Co. v. Straus
Court of Appeals for the Second Circuit
Appeal from the District Court of the United States for the Southern District of New York. ‘ Suit in equity by the Van Kannel Revolving Door Company against Nathan Straus, Jesse I. Straus, Percy S. Straus, and Plerbert M. Straus, trading as R. H. Macy & Co. Decree for complainant, and defendants appeal.
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Appeal from the District Court of the United States for the Southern District of New York. ‘ Suit in equity by the Van Kannel Revolving Door Company against Nathan Straus, Jesse I. Straus, Percy S. Straus, and Plerbert M. Straus, trading as R. H. Macy & Co. Decree for complainant, and defendants appeal. This is an appeal from an interlocutory decree of the District Court entered October 28, 3915, finding claims 2 and 8 of United States patent No. 656,062 valid and infringed and awarding an injunction against the defendant for infringing the same. The patent is for certain improvements in…
1Opinion of the CourtLearned Hand, District Judge
(after stating the facts as above). [1] Although the complete purpose of the patent is secured only by the rupture of the defendants’ machine in two respects, yet it may well be that to make those ruptures effective the principle of the patent must still be taken. That question turns upon whether the defendants’ structure fairly embodies the invention contained in the claims themselves; that is, whether in claim 2 the phrase “a series of wings mounted so as to swing independently” covers a door in which three out of four wings are so mounted, and whether the phrase “self-releasing locking…
2Cases cited3 opinions
- Hubbard v. King Ax Co.U.S. Circuit Court for the District of Northern Ohio · 1898
- National Binding Mach. Co. v. James D. McLaurin Co.U.S. Circuit Court for the District of Southern New York · 1911
- Crown Cork & Seal Co. v. Standard Stopper Co.U.S. Circuit Court for the District of Southern New York · 1904
3Cited by9 opinions
- Williams Iron Works Co. v. Hughes Tool Co.Court of Appeals for the Tenth Circuit · 1940
- Van Kannel Revolving Door Co. v. Winton Hotel Co.District Court, N.D. Ohio · 1920
- Van Kannel Revolving Door Co. v. Winton Hotel Co.Court of Appeals for the Sixth Circuit · 1921
- Virginia Art Goods Studios, Inc. v. Goldberg & Seltzer, Inc.Court of Appeals for the Second Circuit · 1935
- Remington Rand, Inc. v. Art Metal Const. Co.Court of Appeals for the Second Circuit · 1930
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