Legal Opinion

Samuel S. Otis v. National Tea Company

Court of Appeals for the Seventh Circuit

Decided January 6, 1955No. 11258_1PublishedCited by 6 opinions

1Opinion of the Court

SWAIM, Circuit Judge.

The plaintiff, Samuel S. Otis, was granted United States Letters Patent No. 2,459,391 on what he designated a “knife rack and edger.” The defendant subsequently began using a similar rack in its stores, and plaintiff filed an action for infringement of his patent, praying for damages and injunctive relief. After hearing evidence, the District Court dismissed the complaint, finding plaintiff’s patent invalid for lack of utility and invention. From that judgment the plaintiff prosecutes this appeal.

For years it has been the practice of butchers to keep their knives in a…

2Cases cited5 opinions

  1. Great Atlantic & Pacific Tea Co. v. Supermarket Equipment Corp.Supreme Court of the United States · 1951
  2. Associated Plastics Companies, Inc. v. Gits Molding CorporationCourt of Appeals for the Seventh Circuit · 1950
  3. Heath v. FrankelCourt of Appeals for the Ninth Circuit · 1946
  4. Fernandez v. PhillipsCourt of Appeals for the Ninth Circuit · 1943
  5. Simplex Wrapping Mach. Co. v. SchultzCourt of Appeals for the Ninth Circuit · 1942

3Cited by6 opinions

  1. Earl R. Ortman, D/B/A Advance Pump & Equipment Co. v. Herbert W. Maass, D/B/A Herb. Maass ServiceCourt of Appeals for the Seventh Circuit · 1968
  2. Gustave W. Borkland v. Svend Pedersen and Borghild Pedersen, Etc., D/B/A Paramount Plastics Co.Court of Appeals for the Seventh Circuit · 1957
  3. S. O. S. Co. v. Triangle Manufacturing Co.District Court, N.D. Illinois · 1957
  4. American Sign & Indicator Corp. v. SchulenburgCourt of Appeals for the Seventh Circuit · 1959
  5. Plastic Container Corp. v. Continental Plastics of Oklahoma, Inc.District Court, W.D. Oklahoma · 1981

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