Legal Opinion
Armstrong Seatag Corp. v. Smith's Island Oyster Co.
Court of Appeals for the Fourth Circuit
Decided December 5, 1918No. 1635PublishedCited by 4 opinions
Appeal from the District Court of the United States for the Eastern District of Virginia, at Norfolk; Edmund Waddill, Judge. Suit in equity by the Armstrong Seatag Corporation against the Smith’s Island Oyster Company. Decree for defendant, and complainant appeals.
1Opinion of the Court
Mc'DOWELL, District Judge.
[1] In August, 1916, patent No. 1,195,946, for “marking bivalves,” was issued to M. C. and Richard Armstrong, and on September 16, 1916, all rights under the patent *822were duly assigned to the appellant, the plaintiff below. Under this patent the plaintiff claims a monopoly in a so-called invention defined as follows:
“1. Means for identifying oysters, consisting of a tag attached to that part of the shell on which the oyster is to he served at a point outside of the ligament or hinge of said oyster, whereby, when the oyster is opened, said tag remains attached to the…
2Cases cited9 opinions
- Brown v. PiperSupreme Court of the United States · 1875
- Hollister v. Benedict & Burnham Manufacturing Co.Supreme Court of the United States · 1885
- Pennsylvania Railroad v. Locomotive Engine Safety Truck Co.Supreme Court of the United States · 1884
- Slawson v. Grand Street RailroadSupreme Court of the United States · 1883
- Phillips v. DetroitSupreme Court of the United States · 1884
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3Cited by4 opinions
- Chisholm-Ryder Co. v. BuckDistrict Court, D. Maryland · 1932
- Moore v. Baltimore & O. R.Court of Appeals for the Fourth Circuit · 1930
- Radio Corp. v. Radio Engineering Laboratories, Inc.Court of Appeals for the Second Circuit · 1933
- Excella Pattern Co. v. McCall Co.Court of Appeals for the Second Circuit · 1925