Palmer v. Superior Mfg. Co.
Court of Appeals for the Second Circuit
Appeal from the District Court of the United States for the Northern District of New York. ’ Suit in equity by William B. Palmer and Jesse V. Palmer against the Superior Manufacturing Company. From an order denying a preliminary injunction, complainants appeal.
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Appeal from the District Court of the United States for the Northern District of New York. ’ Suit in equity by William B. Palmer and Jesse V. Palmer against the Superior Manufacturing Company. From an order denying a preliminary injunction, complainants appeal. The District Court denied a motion for a preliminary injunction restraining the infringement of claim 1 of letters patent No. 878,995 granted to William B-. Palmer February 11, 1908, for improvements in apparatus for inverting tubular fabrics. The decision of the District Court is reported in 203 Fed. 1003. The patent was also…
1Opinion of the Court
COXE, Circuit Judge.
The validity of claim 1 of the Palmer patent has been éxpressly decided by this court and is not now in controversjc The only defense now seriously urged is non-infringement. The defendant is using one of the machines made made by the Jordan Company, but since the decision of this court it has made certain changes which it insists avoids infringement. Claim 1 is as follows:
“1. In an apparatus of tbe class described, tlie combination with the fabric supporting tube; of a pair of feed rolls adapted to engage the opposite sides of said tube; and yielding means for forcing…
2Cited by7 opinions
- The Coca-Cola Company v. Tropicana Products, Inc.Court of Appeals for the Second Circuit · 1982
- Mergenthaler Linotype Co. v. International Typesetting Mach. Co.District Court, S.D. New York · 1914
- Schey v. TuriCourt of Appeals for the Second Circuit · 1923
- Palmer v. E. Z. Waist Co.District Court, N.D. New York · 1922
- W. A. Schleit Mfg. Co. v. Syracuse Radiator Co.District Court, N.D. New York · 1922
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