Legal Opinion

Waring Products Corp. v. Landers, Frary & Clark

Court of Appeals for the Second Circuit

Decided January 9, 1959No. 33, Docket 25034PublishedCited by 7 opinions

1DissentHand, Circuit Judge

This is an appeal from a judgment, entered December 11, 1957, which held valid and infringed claims 3, 9 and 10 of a patent issued to Osius on March 1, 1938, and which directed the defendant to account. No injunction issued, or could issue, after March 1, 1955, the date when the patent expired. The invention was for an improvement “in the art of mixing fluent substances, and relates more specifically to * * * disintegrating, mixing and aerating materials to produce palatable and beneficial drinks or the like.” The disclosure is of two elements. The first is a glass “receptacle” to receive and…

Also in this document: Concurrence.

2Cases cited16 opinions

  1. Sanitary Refrigerator Co. v. WintersSupreme Court of the United States · 1929
  2. Dean A. Lyon v. Bausch & Lomb Optical Co.Court of Appeals for the Second Circuit · 1955
  3. New York Scaffolding Co. v. WhitneyCourt of Appeals for the Eighth Circuit · 1915
  4. H. C. White Co. v. Morton E. Converse & Son Co.Court of Appeals for the Second Circuit · 1927
  5. Musher Foundation, Inc. v. Alba Trading Co.Court of Appeals for the Second Circuit · 1945

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3Cited by7 opinions

  1. Broadview Chemical Corporation v. Loctite CorporationCourt of Appeals for the Second Circuit · 1969
  2. White v. Fafnir Bearing CompanyDistrict Court, D. Connecticut · 1966
  3. Paramount Packaging Corp. v. H. B. Fuller Co. of New JerseyDistrict Court, E.D. Pennsylvania · 1960
  4. Jesse D. Langdon and Eureka Vacuum Breaker Corporation v. Saltser & Weinsier, Inc., Sloan Valve Company, Intervener-AppelleeCourt of Appeals for the Second Circuit · 1961
  5. Castro Decorators, Inc. v. Bebry Bedding Corp.District Court, E.D. New York · 1960

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

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