Legal Opinion
Binney & Smith Co. v. United Carbon Co.
Court of Appeals for the Fourth Circuit
Decided January 6, 1942No. 4837PublishedCited by 12 opinions
1Opinion of the Court
PARKER, Circuit Judge.
This is a suit for infringement of Wiegand and Venuto Patent No. 1,889,429, covering carbon black pellets and a process for making them. It was instituted by Binney & Smith Company, assignee of the patent, against the United Carbon Company and the United Carbon Company, Inc. Only the product claims of the patent, claims 1 and 2, are in suit. The court below held these claims invalid as lacking novelty and invention and also because of indefiniteness in the description of the product. The court held further that, if broadly construed, the claims would be infringed by the…
2Cases cited9 opinions
- Leeds & Catlin Co. v. Victor Talking MacHine Co.Supreme Court of the United States · 1909
- Hoeltke v. C. M. Kemp Mfg. Co.Court of Appeals for the Fourth Circuit · 1936
- Glue Co. v. UptonSupreme Court of the United States · 1878
- Doughnut MacH. Corporation v. Joe-Lowe CorporationCourt of Appeals for the Fourth Circuit · 1933
- Hide-Ite Leather Co. v. Fiber Products Co.Court of Appeals for the First Circuit · 1915
4 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- United Carbon Co. v. Binney & Smith Co.Supreme Court of the United States · 1942
- Cover v. SchwartzCourt of Appeals for the Second Circuit · 1942
- Cornell v. Chase Brass & Copper Co.District Court, S.D. New York · 1943
- De Stubner v. United Carbon Co.Court of Appeals for the Fourth Circuit · 1947
- Plasser American Corp. v. Canron, Inc.District Court, D. South Carolina · 1980
7 more not listed; retrieve them via the Exa API.