Legal Opinion

Mack v. Spencer Optical Manuf'g Co.

U.S. Circuit Court for the District of Southern New York

Decided November 28, 1892PublishedCited by 14 opinions

In Equity. Suit for infringement of two letters patent granted to William Mack. These patents have been the subject of judicial decision, on final hearing, in Mack v. Levy, 43 Fed. Rep. 69-73; on contempt proceedings, in the same case, 49 Fed. Rep. 857; and on motion for a preliminary injunction in the suit at bar, 44 Fed. Rep. 346. Decree for complainant.

1Opinion of the Court

Coxe, District Judge.

This action is founded upon two letters patent Nos. 268,112 and 399,543, granted to complainant for improvements in opera-glass holders and dated, respectively, November 28,1882, and March 12,1889. The decision in Mack v. Levy, 43 Fed. Rep. 857, establishes the following propositions: First, that the patent of 1882 must be narrowly construed because of similar structures made by one Stendicke; second, that even when so limited it discloses a patentable invention; third, that the claims must be strictly confined to the clutching device described; fourth, that the fourth…

2Cases cited3 opinions

  1. The Barbed Wire PatentSupreme Court of the United States · 1892
  2. Coffin v. OgdenSupreme Court of the United States · 1874
  3. Dolbear v. American Bell Telephone CompanySupreme Court of the United States · 1888

3Cited by14 opinions

  1. Covert v. CovertU.S. Circuit Court for the District of Western New York · 1901
  2. Searchlight Horn Co. v. Victor Talking Mach. Co.District Court, D. New Jersey · 1919
  3. Young v. WolfeU.S. Circuit Court for the District of Southern New York · 1903
  4. Oval Wood Dish Co. v. Sandy Creek, N. Y., Wood Manuf'g Co.U.S. Circuit Court for the District of Northern New York · 1894
  5. Dodge v. PostU.S. Circuit Court for the District of Southern Ohio · 1896

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