Legal Opinion
Finucane v. Swimmer
District Court, E.D. New York
Decided January 23, 1930PublishedCited by 2 opinions
1Opinion of the Court
SLICK, District Judge.
Plaintiff sues defendants and alleges infringement of patent No. 1,676,485 for a leader-pipe strap, and prays for an injunction and accounting. The patent sued on was granted to plaintiff July 10,1928.
Defendants claim, first', that plaintiff is estopped to claim a patent on a one-piece strap because in the Patent Office he waived this claim or acquiesced in a ruling disallowing the same; second, that the patent in suit is invalid, (a) because the claims define nothing more than that which was practiced in the prior art, (b) because the claims are anticipated by…
2Cases cited5 opinions
- Diamond Rubber Co. of New York v. Consolidated Rubber Tire Co.Supreme Court of the United States · 1911
- Morgan v. DanielsSupreme Court of the United States · 1894
- Smith v. Goodyear Dental Vulcanite Co.Supreme Court of the United States · 1877
- Trane Co. v. Nash Engineering Co.Court of Appeals for the First Circuit · 1928
- McGhee v. Le Sage & Co.Court of Appeals for the Ninth Circuit · 1929
3Cited by2 opinions
- Johnson Bros. Engineering Corp. v. Caille Bros.District Court, E.D. Michigan · 1934
- Finucane v. Apex Gutter Hanger Corp.District Court, S.D. New York · 1931