Lambert Snyder Vibrator Co. v. Marvel Vibrator Co.
U.S. Circuit Court for the District of Southern New York
In Equity. Suit for infringement of letters patent No. 773,234, for a vibratile apparatus, granted to Lambert Snyder October 25, 1904. On motion for preliminary injunction.
1Opinion of the Court
LACOMBE, Circuit Judge.
The patent is of very recent date, and has not heretofore been adjudicated. That circumstance, however, is not sufficient ground for refusing preliminary 'injunction, unless there is some substantial question as to validity. Fuller v. Gilmore (C. C.) 121 Fed. 129. The evidence fails to disclose any anticipating paterit, or anything in the prior art which would at all qualify the language of the first claim. The patents for toys which Have been put in proof are devised to secure vibrations in a flexible movable arm, not in the rigid rod on which such arm moves. The…
2Cases cited1 opinion
- Fuller v. GilmoreU.S. Circuit Court for the District of Southern New York · 1902
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- Palmer v. Wilcox Mfg. Co.District Court, S.D. New York · 1905