Kuehmsted v. Farbenfabriken of Elberfeld Co.
Court of Appeals for the Seventh Circuit
Appeal from the Circuit Court of the United States for the Northern District of Illinois. Suit in equity by the Farbenfabriken of Elberfeld Company against Edward A. Kuehmsted. Decree for complainant (171 Fed. 887), and defendant appeals.
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Appeal from the Circuit Court of the United States for the Northern District of Illinois. Suit in equity by the Farbenfabriken of Elberfeld Company against Edward A. Kuehmsted. Decree for complainant (171 Fed. 887), and defendant appeals. The appeal is from a decree of the Circuit Court sustaining patent No. 644,077, issued February 27, 1900, on an application filed August 1, 1898, to Felix Hoffmann of Elberfeld, Germany, assignor to appellee; finding appellant an infringer thereof; and granting an injunction. The essential portion of the letters patent is as follows: “In the Annalen der…
1Opinion of the CourtGrosscup, Circuit Judge
The so-called new article of manufacture is known in the trade as “Aspirin,” a well-known medicine; a medicine today that has an output in this country of two million ounces per year, standing next to quinine ai the best selling medicine on the market. It is recognized as an “ethical remedy,” being prescribed by physicians. No medicine, possessing the physiological properties of aspirin, was before known. As. an article of .manufacture in the line of therapeutics, whatever may *703have been its antecedents chemically, aspirin therefore is a new thing. Is it a new article of manufacture within the…
2Cases cited3 opinions
- Merrill v. YeomansSupreme Court of the United States · 1877
- Badische Anilin & Soda Fabrik v. A. Klipstein & Co.U.S. Circuit Court for the District of Southern New York · 1903
- Badische Anilin & Soda Fabrik v. KalleCourt of Appeals for the Second Circuit · 1900
3Cited by26 opinions
- Application of Joseph D. FisherCourt of Customs and Patent Appeals · 1970
- Parke-Davis & Co. v. H. K. Mulford Co.U.S. Circuit Court for the District of Southern New York · 1911
- Merck & Co., Inc. v. Olin Mathieson Chemical CorporationCourt of Appeals for the Fourth Circuit · 1958
- Solva Waterproof Glue Co. v. Perkins Glue Co.Court of Appeals for the Seventh Circuit · 1918
- The UNIVERSITY OF ILLINOIS FOUND. v. Block Drug Co.District Court, E.D. Illinois · 1955
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