Schey v. Giovanna
Court of Appeals for the Second Circuit
Appeal from the District Court of the United States for the Southern District of New York. Suit in equity by Max Schey against George Giovanna. From an order finding him in contempt, defendant appeals.
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Appeal from the District Court of the United States for the Southern District of New York. Suit in equity by Max Schey against George Giovanna. From an order finding him in contempt, defendant appeals. Giovanna had been sued in ordinary form as an infringer of United States Patent No. 002,724, and final decree had passed against him, pursuant to which injunction issued restraining him, his “servants and agents,” from “directly or indirectly making or causing to be made, using or causing to be used, or vending to others to be used, or contributing to the making, using, or vending of any…
1Opinion of the Court
HOUGH, Circuit Judge.
The patent for infringement of which Giovanna had been condemned covers his own invention, and is 902,-724, for an apparatus for broiling meats and the like. He is said to have infringed claims 1, 2, 3, and 6.
The device which ordinarily embodies the patent is called a rotisserie, and Giovanna, before the suit resulting in the injunction aforesaid, had assigned to plaintiff both the patent and the good will of a business which included or consisted in the sale of rotisseries and parts thereof. For the purposes of this case, and without making any holding on the subject, we…
2Cases cited2 opinions
- Frank F. Smith Metal Window Hardware Co. v. YatesCourt of Appeals for the Second Circuit · 1917
- Featherstone v. Ormonde Cycle Co.U.S. Circuit Court for the District of Southern New York · 1892
3Cited by8 opinions
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- Radio Corporation v. Cable Radio Tube CorporationCourt of Appeals for the Second Circuit · 1933
- Dean Rubber Mfg. Co. v. KillianCourt of Appeals for the Eighth Circuit · 1939
- American Foundry & Mfg. Co. v. Josam Mfg. Co.Court of Appeals for the Eighth Circuit · 1935
- Stevens v. Carl Schmid, Inc.Court of Appeals for the Second Circuit · 1934
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