Legal Opinion

Edwards Mfg. Co. v. National Fireworks Distributing Co.

Court of Appeals for the Sixth Circuit

Decided April 14, 1921No. Nos. 3445, 3446PublishedCited by 11 opinions

Cross-Appeals from the District Court of the United States for the Western Division of the Southern District of Ohio; John W. Peck, Judge. Suit by the National Fireworks Distributing Company against the Edwards Manufacturing Company. From a decree for plaintiff for insufficient relief, both parties appeal.

1Opinion of the Court

DONAHUE, Circuit Judge.

The bill of complaint filed in the District Court of the United States for the Southern District of Ohio, Western Division, charges infringement by the Edwards Manufacturing Company of claim 6 of the Wertz Patent, No. 926,308, June 29, 1909, and of the single claim of the Clark patent, No. 991,956, May 9, 1911. Both patents relate to toy pistol construction. The District Court entered a decree finding claim 6 of the Wertz patent valid and infringed; that the claim of the Clark patent was not infringed by the defendant’s construction, and for that reason did not pass…

2Cases cited3 opinions

  1. National Tube Co. v. MarkCourt of Appeals for the Sixth Circuit · 1914
  2. Frey v. Marvel Auto Supply Co.Court of Appeals for the Sixth Circuit · 1916
  3. Crescent Specialty Co. v. National Fireworks Distributing Co.Court of Appeals for the Sixth Circuit · 1915

3Cited by11 opinions

  1. Einson Freeman Co. v. International Folding Paper Box Co.District Court, E.D. New York · 1927
  2. Voices, Inc. v. Uneeda Doll Co.Court of Appeals for the Second Circuit · 1929
  3. International Visible Systems Corp. v. Remington Rand, Inc.Court of Appeals for the Sixth Circuit · 1935
  4. American Engineering Co. v. E. H. Bardes Range & Foundry Co.District Court, S.D. Ohio · 1938
  5. Detroit Ry. & Harbor Terminals v. FergusonCourt of Appeals for the Sixth Circuit · 1930

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