Legal Opinion
Himmel Bros. Co. v. Serrick Corporation
Court of Appeals for the Seventh Circuit
Decided September 3, 1941No. 7518PublishedCited by 19 opinions
1Opinion of the Court
MAJOR, Circuit Judge.
This is an appeal from a decree entered October 11, 1940, adjudging plaintiff’s Patent No. 1,984,134 valid and infringed by the defendant. The patent, entitled “Structural Member,” applied for January 6, 1934, by Fred Himmel and Isidore Himmel, was issued December 11, 1934, and later assigned by the patentees to the instant plaintiff corporation.
Claim 7 is the only one involved in suit. The defenses are non-invention, non-infringement, invalidity of patent for failure to disclaim Claim 5, and that the claim in suit is invalid for lack of foundation in its specification…
2Cases cited8 opinions
- Parks v. BoothSupreme Court of the United States · 1880
- Ruben Condenser Co. v. Aerovox CorporationCourt of Appeals for the Second Circuit · 1935
- Elliott & Co. v. Youngstown Car Mfg. Co.Court of Appeals for the Third Circuit · 1910
- Chicago Lock Co. v. TratschCourt of Appeals for the Seventh Circuit · 1934
- Boynton v. Chicago Hardware Foundry Co.Court of Appeals for the Seventh Circuit · 1935
3 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Wham-O-Mfg. Co., a Corporation v. Paradise Manufacturing Co., a CorporationCourt of Appeals for the Ninth Circuit · 1964
- Seagrave Corp. v. Mount Spain v. MountCourt of Appeals for the Sixth Circuit · 1954
- Hope, Inc., an Illinois Not-For-Profit Corporation, Plaintiffs v. The County of Dupage, IllinoisCourt of Appeals for the Seventh Circuit · 1984
- United States v. JohnsonCourt of Appeals for the Seventh Circuit · 1945
- Fargo Glass & Paint Co. v. Globe American Corp.Court of Appeals for the Seventh Circuit · 1953
14 more not listed; retrieve them via the Exa API.