Kohn v. Eimer
Court of Appeals for the Second Circuit
Appeal from the District Court of the United States for the Southern District of New York. Suit by William M. Kohn against August Eimer and another. From a final decree dismissing the bill of complaint, with costs, plaintiff appeals. The invention related to small electric furnaces, and was aimed at providing a furnace consisting of separate heating units, such that, if any one of them should become defective, it might be replaced by a standard form.
Read the full summary
Appeal from the District Court of the United States for the Southern District of New York. Suit by William M. Kohn against August Eimer and another. From a final decree dismissing the bill of complaint, with costs, plaintiff appeals. The invention related to small electric furnaces, and was aimed at providing a furnace consisting of separate heating units, such that, if any one of them should become defective, it might be replaced by a standard form. In general, it consisted of a vertical cylindrical outer body of nonconducting material, with a circular space within, fitted to receive a…
1Opinion of the CourtLearned Hand, District Judge
(after stating the facts as above). [1, 2] At the outset the appellant challenges our right to examine the prior art patents at all, because the appellee called no expert at thé trial to explain them. Waterman v. Shipman, 55 Fed. 982, 987, 5 C. C. A. 371. We have not the slightest wish to minimize the vital’ importance of expert testimony in patent suits, or to suggest that we are not absolutely dependent upon it within its proper scope; but that scope is often altogether misapprehended, as the appellant has misapprehended it here. Specifications are written to those skilled in the art, among…
2Cases cited4 opinions
- Tate v. Baltimore & O. R.Court of Appeals for the Fourth Circuit · 1915
- Dueber Watch-Case Manuf'g Co. v. RobbinsCourt of Appeals for the Sixth Circuit · 1896
- Waterman v. ShipmanCourt of Appeals for the Second Circuit · 1893
- Johnson v. LambertCourt of Appeals for the Second Circuit · 1916
3Cited by26 opinions
- General Motors Corp. v. Estate Stove Co.Court of Appeals for the Sixth Circuit · 1953
- Bryan W. Nickerson, Jr. v. The Bearfoot Sole Company, Inc., the Bearfoot Airway Corporation,defendants-AppellantsCourt of Appeals for the Sixth Circuit · 1963
- National Transformer Corp. v. France Mfg. Co.Court of Appeals for the Sixth Circuit · 1954
- The B. F. Goodrich Company v. Rubber Latex Products, Inc. And Harrison & Morton Laboratories, Inc.Court of Appeals for the Sixth Circuit · 1968
- American MacHine & Metals, Inc. v. De Bothezat Impeller Co., IncCourt of Appeals for the Second Circuit · 1950
21 more not listed; retrieve them via the Exa API.