Legal Opinion

Autopiano Co. v. Claviola Co.

Court of Appeals for the Second Circuit

Decided May 9, 1916No. 246PublishedCited by 2 opinions

> Appeal from the District Court of the United States for the Southern District of New York. Suit in equity by the Autopiano Company against the Claviola Company, the Superior Pneumatic Action Company, and Kindler & Collins. Decree in part for complainant, add both parties appeal. This is a suit for infringement of reissued letters patent No. 13,398, granted April 2, 1912, to James O’Connor for a perforated note sheet guide.

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> Appeal from the District Court of the United States for the Southern District of New York. Suit in equity by the Autopiano Company against the Claviola Company, the Superior Pneumatic Action Company, and Kindler & Collins. Decree in part for complainant, add both parties appeal. This is a suit for infringement of reissued letters patent No. 13,398, granted April 2, 1912, to James O’Connor for a perforated note sheet guide. An interlocutory decree of the District Court, Southern District of New York, sustained the validity of the patent, and held that claims 1 to 12 and 16 to 27, both…

1Opinion of the CourtVeeder, District Judge

(after stating the facts as above). Inasmuch as this patent and the vicissitudes through which it has passed were fully discussed in our former opinion in the case of Autopiano Co. v. American Player Action Co., 22.2 Fed. 276, 138 C. C. A. 38, it is unnecessary to repeat the statement. The patent comes before the court for the first time in a form which embodies the invention actually made and without any intervening equities. We are now free to' give effect to the claims in issue. As we said in our former opinion:

“The invention of O’Connor was a highly meritorious one and broadly new. The…

2Cases cited2 opinions

  1. Autopiano Co. v. American Player Action Co.Court of Appeals for the Second Circuit · 1915
  2. Wills v. ChandlerU.S. Circuit Court for the District of Nebraska · 1880

3Cited by2 opinions

  1. Æolian Co. v. Schubert Piano Co.Court of Appeals for the Second Circuit · 1919
  2. Æolian Co. v. Schubert Piano Co.Court of Appeals for the Second Circuit · 1919

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