Legal Opinion

Keith v. Charles E. Hires Co.

Court of Appeals for the Second Circuit

Decided December 6, 1940No. 19PublishedCited by 24 opinions

1Opinion of the Court

L. HAND, Circuit Judge.

This is an appeal from a judgment dismissing for nonmfringement a complaint upon two patents for a cardbox carrier of bottles. The first patent, No. 2,070,399, was granted on the application of Thomas H. Goldriug on February 9, 1937 (claims three and four are here in issue) ; the second, No. 2,094,744, was granted to Claude D. Keith on October 5, 1937 (claims one and two are in issue).

The Goldring Patent.

The Goldring patent disclosed a flat piece of cardboard which could be folded into a sort of sling to serve as a carrier for six bottles in two opposed tiers. Each…

2Cases cited8 opinions

  1. Smith v. SnowSupreme Court of the United States · 1935
  2. I. T. S. Rubber Co. v. Essex Rubber Co.Supreme Court of the United States · 1926
  3. Goodyear Dental Vulcanite Co. v. DavisSupreme Court of the United States · 1880
  4. Smith v. Magic City Kennel Club, Inc.Supreme Court of the United States · 1931
  5. Leggett v. AverySupreme Court of the United States · 1880

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3Cited by24 opinions

  1. Georgia-Pacific Corporation v. United States Plywood CorporationCourt of Appeals for the Second Circuit · 1958
  2. Aero Spark Plug Co. v. BG CorporationCourt of Appeals for the Second Circuit · 1942
  3. Royal Typewriter Co. v. Remington Rand, Inc.Court of Appeals for the Second Circuit · 1948
  4. Florence-Mayo Nuway Co. v. HardyCourt of Appeals for the Fourth Circuit · 1948
  5. Cutter Laboratories, Inc. v. Lyophile-Cryochem CorporationCourt of Appeals for the Ninth Circuit · 1950

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