Legal Opinion

Zenitherm Co. v. Art Marble Co. of America

Court of Appeals for the Fifth Circuit

Decided February 18, 1932No. 6305PublishedCited by 11 opinions

1Opinion of the Court

SIBLEY, Circuit Judge.

Zenitherm Company owns United States patent No. 1,183,694 granted to B. Sutter on May 16, 1916, and claims that the product X-ite made by Art Marble Company infringes claims 1 and 4 of it. Prom an adverse decree the Zenitherm Company appeals. We think claims 1 and 4 taken at their face are too broad and merely embrace the prior art; if limited to the present process and product of the Zenitherm Company there is insufficient disclosure, and also no infringement by X-ite as manufactured by Art Marble Company.

Prior to 1919 a rough, bulky material with granulated cork as its…

2Cases cited9 opinions

  1. Eibel Process Co. v. Minnesota & Ontario Paper Co.Supreme Court of the United States · 1923
  2. Permutit Co. v. Graver Corp.Supreme Court of the United States · 1931
  3. Concrete Appliances Co. v. GomerySupreme Court of the United States · 1925
  4. Powers-Kennedy Contracting Corp. v. Concrete Mixing & Conveying Co.Supreme Court of the United States · 1930
  5. American Fruit Growers, Inc. v. Brogdex Co.Supreme Court of the United States · 1931

4 more not listed; retrieve them via the Exa API.

3Cited by11 opinions

  1. Allen v. Radio Corporation of AmericaDistrict Court, D. Delaware · 1942
  2. Strong-Scott Mfg. Co. v. WellerCourt of Appeals for the Eighth Circuit · 1940
  3. Foster Cathead Company v. Malvern M. Hasha and International Tool Company, Inc.Court of Appeals for the Fifth Circuit · 1967
  4. Phillips Petroleum Co. v. Shell Oil Co.Court of Appeals for the Fifth Circuit · 1948
  5. Hall Laboratories, Inc. v. Economics Laboratory, Inc.District Court, D. Minnesota · 1947

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