Legal Opinion

Gillman v. Stern

Court of Appeals for the Second Circuit

Decided August 5, 1940No. 365PublishedCited by 43 opinions

1Opinion of the Court

L. HAND, Circuit Judge.

Both the plaintiffs and the defendant appeal from the judgment in this action. The plaintiffs filed the usual complaint, asking an injunction for the infringement of Patent No. 1,919,674, issued on July 25, 1933, to the Sterling Airbrush Co., as-signee of Laszlo Wenczel, for a pneumatic “puffing machine.” The defendant set up a number of defenses: first, that the patent was invalid because inoperative, and too nearly anticipated by the published art; second, that it was not infringed; third, that there had been a prior use of it • by one Haas, at least as early as 1930…

2Cases cited20 opinions

  1. The Barbed Wire PatentSupreme Court of the United States · 1892
  2. Keystone Driller Co. v. General Excavator Co.Supreme Court of the United States · 1933
  3. Topliff v. TopliffSupreme Court of the United States · 1892
  4. Gayler v. WilderSupreme Court of the United States · 1851
  5. Potts v. CreagerSupreme Court of the United States · 1895

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3Cited by43 opinions

  1. United States v. CoonanCourt of Appeals for the Second Circuit · 1991
  2. Georgia-Pacific Corporation v. United States Plywood CorporationCourt of Appeals for the Second Circuit · 1958
  3. Metallizing Engineering Co. v. Kenyon Bearing & Auto Parts Co.Court of Appeals for the Second Circuit · 1946
  4. Artvale, Inc., Plaintiff-Appellant-Respondent v. Rugby Fabrics Corp. And Barmil Associates, Ltd., Defendants-Respondents-AppellantsCourt of Appeals for the Second Circuit · 1966
  5. The International Glass Company, Inc. v. The United StatesUnited States Court of Claims · 1969

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