Legal Opinion

Individual Drinking Cup Co. v. Sanitary Products Corp.

District Court, E.D. Pennsylvania

Decided July 22, 1920No. 2023PublishedCited by 1 opinion

In Equity. Suit by the Individual Drinking Cup Company, Incorporated, against the Sanitary Products Corporation. On motions by defendant to dismiss and by complainant for preliminary injunction.

1Opinion of the Court

THOMPSON, District Judge.

The defendant moves to dismiss the bill upon the ground that the plaintiff cannot ultimately prevail in any event, in view of admitted facts, which it is claimed by the de*197fendant establish the invalidity of the patents in suit. As to Huellen patent in suit, No. 1,043,854, the defendant relies on the Wilson and Neeley patent, No. 570,113, and the Bauer German patent, No. 45,842.

Taking up first the attack on No. 1,043,854, Judge Haight, in Individual Drinking Cup Co. v. United States Drinking Cup Co. (D. C.) 220 Fed. 331, passed on the question of anticipation by the…

2Cases cited4 opinions

  1. Chapman v. WintroathSupreme Court of the United States · 1920
  2. Individual Drinking Cup Co. v. Public Service Cup Co.Court of Appeals for the Second Circuit · 1918
  3. Individual Drinking Cup Co. v. Osmun-Cook Co.District Court, D. New Jersey · 1915
  4. Individual Drinking Cup Co. v. United States Drinking Cup Co.District Court, D. New Jersey · 1914

3Cited by1 opinion

  1. Sanitary Products Corp. v. Individual Drinking Cup Co.Court of Appeals for the Third Circuit · 1921

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