Legal Opinion
Surgitube Products Corp. And Louis Hochman v. Scholl Mfg. Co., Inc.
Court of Appeals for the Second Circuit
Decided January 30, 1959No. 25106_1PublishedCited by 7 opinions
1Opinion of the Court
LUMBARD, Circuit Judge.
The outcome of the plaintiffs’ appeal from the dismissal of their suit for patent infringement turns on whether there is invention in a bandage which is made by taking an open-ended tubular fabric, placing part of it over the member to be bandaged, twisting the fabric intermediate its ends and then retroverting it over the member to make a double thickness. We agree with Judge Dawson that this was not invention, 158 F.Supp. 540, and accordingly affirm the judgment.
The facts are undisputed. In 1941 Louis Hochman, president of the plaintiff, Surgitube Products…
2Cases cited3 opinions
- Welsh Manufacturing Company v. Sunware Products Co.Court of Appeals for the Second Circuit · 1956
- Youngs Rubber Corp. v. Allied Latex Corp.Court of Appeals for the Second Circuit · 1951
- Surgitube Products Corp. v. Scholl Manufacturing Co.District Court, S.D. New York · 1958
3Cited by7 opinions
- E. J. Brooks Company v. Stoffel Seals CorporationCourt of Appeals for the Second Circuit · 1959
- American Safety Table Company, Inc., Plaintiff-Appellant-Appellee v. Joseph Schreiber and David Goldberg, Individually and as Partners Trading as Schreiber & Goldberg, Defendants-Appellees-Appellants. American Safety Table Company, Inc. v. Joseph Schreiber and David Goldberg, Individually and as Partners Trading as Schreiber & GoldbergCourt of Appeals for the Second Circuit · 1959
- Jerome Gross v. Jfd Manufacturing Co., Inc.Court of Appeals for the Second Circuit · 1963
- Deering, Milliken & Co. v. Temp-Resisto Corp.Court of Appeals for the Second Circuit · 1960
- Deering, Milliken & Co., Inc. v. Temp-Resisto CorporationCourt of Appeals for the Second Circuit · 1960
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