Frank F. Smith Metal Window Hardware Co. v. Yates
District Court, S.D. New York
■ In Equity. Suit by the Frank F. Smith Metal Window Hardware Company against John W. Yates. On final hearing. Decree affirmed by Circuit Court of Appeals, 216 Fed. 359. The following are sketches of the models in question:
1Opinion of the Court
HAND, District Judge.
[1] The defendant does not question the verbal applicability of the claims upon the Yates device. The. presumption arising from the subsequent patent to Yates that there is no infringement is certainly supported by authorities (Boyd v. Janesville Hay Tool Co., 158 U. S. 261, 15 Sup. Ct. 837, 39 L. Ed. 973), though the Patent Office, as every practitioner knows, pays not the least attention to whether the disclosure of a subsequent patent infringes the claim of a former one, and could not possibly do it, if they were to grant patents for specific forms of disclosures…
2Cases cited1 opinion
- Boyd v. Janesville Hay Tool Co.Supreme Court of the United States · 1895
3Cited by4 opinions
- Yates v. SmithDistrict Court, D. New Jersey · 1920
- Yates v. SmithCourt of Appeals for the Third Circuit · 1921
- Ruben Condenser Co. v. Copeland Refrigeration Corp.District Court, E.D. New York · 1935
- Automatic Toy Corp. v. Buddy "L" Mfg. Co.District Court, S.D. New York · 1938