Legal Opinion

Warner Jewelry Case Co. v. Wolfsheim & Sachs, Inc.

District Court, W.D. New York

Decided February 7, 1946No. Civil Action No. 1357Published

1Opinion of the Court

KNIGHT, District Judge.

Action has been brought for the alleged infringement of plaintiff’s patent, Dean No. 2,250,433. It is particularly alleged that claims numbered 4 and 7 were infringed. The defense is invalidity and non-infringement of the patent, and defendant has counterclaimed for a decree holding plaintiff’s patent invalid and void. The claims cover jewelry display boxes molded of plastic material.

The jewelry box art is admittedly old. In the prior art we find that many patents have been issued for jewelry display boxes and that there are other unpatented boxes for like use. The use…

2Cases cited13 opinions

  1. Cuno Engineering Corp. v. Automatic Devices Corp.Supreme Court of the United States · 1942
  2. Atlantic Works v. BradySupreme Court of the United States · 1883
  3. Hotchkiss v. GreenwoodSupreme Court of the United States · 1851
  4. Goodyear Tire & Rubber Co. v. Ray-O-Vac Co.Supreme Court of the United States · 1944
  5. Hailes v. Van WormerSupreme Court of the United States · 1874

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