Legal Opinion

Kool Kooshion Mfg. Co. v. Mitchell Mfg. Co.

Court of Appeals for the Eighth Circuit

Decided February 25, 1939No. 11144PublishedCited by 3 opinions

1Opinion of the Court

STONE, Circuit Judge.

This is an action for patent infringement by the assignee of Harley No. 1,541,-212 and Flarley No. 1,541,213. From a decree adjudicating validity but non-infringement, plaintiff appeals.

Each of these patents is a combination patent and covers a “cool cushion and seat”. Patent No. 1,541,212 is a combination of three elements: a fabric cover, an inside ring member to preserve the shape of the cover, and an inside spring member to distend the fabric cover. Patent No. 1,-541,213 differs only in that the ring member is “encircled by a spirally wound member and having its ends…

2Cases cited5 opinions

  1. General Electric Co. v. Wabash Appliance Corp.Supreme Court of the United States · 1938
  2. Morley Construction Co. v. Maryland Casualty Co.Supreme Court of the United States · 1937
  3. Mills Novelty Co. v. Monarch Tool & Mfg. Co.Court of Appeals for the Sixth Circuit · 1931
  4. Oliver-Sherwood Co. v. Patterson-Ballagh CorporationCourt of Appeals for the Ninth Circuit · 1938
  5. Herman Body Co. v. St. Louis Body & Equipment Co.Court of Appeals for the Eighth Circuit · 1931

3Cited by3 opinions

  1. Marchus v. DrugeCourt of Appeals for the Ninth Circuit · 1943
  2. Willamette-Hyster Co. v. Pacific Car & Foundry Co.Court of Appeals for the Ninth Circuit · 1941
  3. Alma Motor Co. v. United StatesUnited States Court of Claims · 1955

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