Legal Opinion

Office Specialty Manuf'g Co. v. Cooke

U.S. Circuit Court for the District of Southern New York

Decided September 28, 1894PublishedCited by 1 opinion

This was a suit in equity by the Office Specialty Manufacturing Company against the Cooke & Cobb Company for the infringement of letters patent No. 217,909, granted to F. W. Smith and J. S. Shannon, July 29, 1879, for a paper holder; letters patent No. 312,080, granted to William H. Clague, February 10, 1885. for a paper file; and letters patent No. 331,259, granted to J. 8. Shannon, November 24. 1885, for an index for paper files.

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This was a suit in equity by the Office Specialty Manufacturing Company against the Cooke & Cobb Company for the infringement of letters patent No. 217,909, granted to F. W. Smith and J. S. Shannon, July 29, 1879, for a paper holder; letters patent No. 312,080, granted to William H. Clague, February 10, 1885. for a paper file; and letters patent No. 331,259, granted to J. 8. Shannon, November 24. 1885, for an index for paper files. Heard on mol ion for a preliminary injunction.

1Opinion of the Court

LAOOMBE, Circuit «Judge.

As to patents Nos. 812,086 and 831,259, there have been no prior adjudications sustaining them. It is true that very many letter files embodying the devices described in them have been sold, but such letter files appear1 also to have contained oilier devices as well. In view of the small cost of the articles, and Ihe multitude of other varieties of letter files on tin' market, the mere fact that there have been extensive sales is very unsatisfactory evidence of a public acquiescence in the validity of the patents. Patent No. 217,909 appears to have been twice sustained…

2Cases cited2 opinions

  1. Schlicht & Field Co. v. Chicago Sewing-Machine Co.U.S. Circuit Court for the Northern District of Illnois · 1888
  2. Shannon v. J. M. W. Jones Stationery & Printing Co.United States Circuit Court · 1881

3Cited by1 opinion

  1. Office Specialty Manuf'g Co. v. Winternight & Cornyn Manuf'g Co.U.S. Circuit Court for the District of Eastern Pennsylvania · 1895

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