Legal Opinion

Buckeye Incubator Co. v. Wolf

District Court, N.D. Ohio

Decided May 9, 1923No. 510PublishedCited by 20 opinions

1Opinion of the Court

WESTENHAVER, District Judge.

This, is the usual patent infringement suit. It is based on United States letters patent Nos. 1,262,860 and 1,263,138, both issued April 16, 1918, to Samuel B. Smith, assignor of the Buckeye Incubator Company. The defenses are invalidity for numerous reasons, and noninfringement. All the claims of both patents are in issue. These patents pertain to the art of hatching eggs. No. 1,262,860, the main patent, covers a hatching method and an apparatus for practicing it. The first three claims cover the method, and the last two the apparatus. No. 1,263,138, a detail…

2Cases cited6 opinions

  1. Seymour v. OsborneSupreme Court of the United States · 1871
  2. Tilghman v. ProctorSupreme Court of the United States · 1881
  3. Expanded Metal Co. v. BradfordSupreme Court of the United States · 1909
  4. Sewall v. JonesSupreme Court of the United States · 1875
  5. Sparks-Withington Co. v. JayCourt of Appeals for the Sixth Circuit · 1921

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3Cited by20 opinions

  1. Smith v. SnowSupreme Court of the United States · 1935
  2. Smith v. HallSupreme Court of the United States · 1937
  3. Buckeye Incubator Co. v. BlumDistrict Court, N.D. Ohio · 1927
  4. Wolf v. Buckeye Incubator Co.Court of Appeals for the Sixth Circuit · 1924
  5. Paradise v. Vogtlandische Maschinen-FabrikCourt of Appeals for the Third Circuit · 1938

15 more not listed; retrieve them via the Exa API.

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