Legal Opinion

E. Regensberg & Sons v. American Exch. Cigar Co.

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

Decided May 12, 1904PublishedCited by 2 opinions

In Equity. Suit for infringement of patent. On demurrer to bill.

1Opinion of the Court

HOLT, District Judge.

If the points raised by this demurrer had never been passed upon before, I should consider it a serious question whether the patent was not void for lack of invention. Conley v. Marum (C. C.) 83 Fed. 309. But, as the precise questions have been decided on demurrer by Judge Wallace in suits brought by these complainants against other cigar companies, I think that his decision should be followed in this case.

Demurrer overruled, with leave to defendant to answer within 20 days on payment of costs.

2Cases cited1 opinion

  1. Conley v. MarumU.S. Circuit Court for the District of Southern New York · 1897

3Cited by2 opinions

  1. Benjamin Electric Mfg. Co. v. Dale Co.Court of Appeals for the Second Circuit · 1907
  2. Underwood Typewriter Co. v. Typewriter Inspection Co.District Court, S.D. New York · 1910