Legal Opinion
Simplex Wrapping Mach. Co. v. Schultz
Court of Appeals for the Ninth Circuit
Decided May 8, 1942No. 9871PublishedCited by 4 opinions
1Opinion of the Court
HANEY, Circuit Judge.
One Gaubert brought this action against appellees to recover for alleged infringement of patent No. 2,094,594 issued to him on October 5, 1937. Subsequently appellant, having become the owner of the alleged patent, was substituted as appellant. The court below held the claims in issue (Claims 2, 3, 5, 8, 14, 18 and 19) to be anticipated and invalid. From a decree to that effect, this appeal followed.
The patent in issue relates to a machine for making bags from “Cellophane”. The machine has two parts: (a) The folding mechanism; and (b) the sealing mechanism. The folding…
2Cases cited4 opinions
- Toledo Pressed Steel Co. v. Standard Parts, Inc.Supreme Court of the United States · 1939
- General Machinery Corp. v. Clearing Mach. Corp.Court of Appeals for the Seventh Circuit · 1939
- Smith Cannery Machines Co. v. Seattle-Astoria Iron WorksCourt of Appeals for the Ninth Circuit · 1919
- Keszthelyi v. Doheny Stone Drill Co.Court of Appeals for the Ninth Circuit · 1932
3Cited by4 opinions
- Samuel S. Otis v. National Tea CompanyCourt of Appeals for the Seventh Circuit · 1955
- Waldes Kohinoor, Inc. v. Industrial Retaining Ring Co.District Court, D. New Jersey · 1961
- Amerock Corp. v. Ajax Hardware Corp.District Court, C.D. California · 1967
- Marasco Shoe Machinery Co. v. Compo Shoe Machinery Corp.District Court, D. Massachusetts · 1963