Legal Opinion

Smith v. Thurrell

District Court, D. New Hampshire

Decided March 13, 1936No. 268Published

1Opinion of the Court

MORRIS, District Judge.

This is an action alleging infringement of claim 1 of patent No. 1,262,860, a method patent for hatching eggs issued to the plaintiff, Samuel B. Smith, April 16, 1918.

The validity of the patent has been extensively litigated and upheld by various district and circuit courts and by the United States Supreme Court in the case of Smith v. Snow, 294 U.S. 1, 55 S.Ct. 279, 79 L.Ed. 721.

Claim 1 has been so frequently described and interpreted by the courts that it seems unnecessary to further elaborate upon the same, especially in view of the fact that the defendants do not…

2Cases cited7 opinions

  1. Tilghman v. ProctorSupreme Court of the United States · 1888
  2. Smith v. SnowSupreme Court of the United States · 1935
  3. Dowagiac Manufacturing Co. v. Minnesota Moline Plow Co.Supreme Court of the United States · 1915
  4. Wine Railway Appliance Co. v. Enterprise Railway Equipment Co.Supreme Court of the United States · 1936
  5. Waxham v. SmithSupreme Court of the United States · 1935

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