A. Kimball Co. v. Noesting Pin Ticket Co.
Court of Appeals for the Second Circuit
Appeal from the District Court of‘ the United States for the Southern District of New York. Patent infringement suit by the A. Kimball Company against the Noesting Pin. Ticket Company. Decree for plaintiff, and defendant appeals.
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Appeal from the District Court of‘ the United States for the Southern District of New York. Patent infringement suit by the A. Kimball Company against the Noesting Pin. Ticket Company. Decree for plaintiff, and defendant appeals. Action is upon patent 1,252,862, issued to Eugene W. Thompson January 8, 1918. The subject of invention is a “pin ticket,” which means a card or tag intended to bear price marks or other descriptive matter, and affixed to am-eles offered for sale (usually textile), by means of a piece of wire, so formed as to present a staple whose prongs pass through both card and…
1Opinion of the CourtHough, Circuit Judge
(after stating the facts as above). Appellant states that the only substantial question here presented is validity ; i. e. can invention be found in this “pin ticket” ?
*149We accept the statement, and shall endeavor to answer the query, without bolstering decision by dwelling on the presumption attaching to grant of letters, or the admitted fact that defendant controls and manufactures under another patent, over which priority was awarded Thompson after a protracted interference. Such proceedings assume a belief in validity on the part of both contestants. Roth v. Harris, 168 Fed. 279, 93 C. C.…
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- Corrington v. Westinghouse Air Brake Co.Court of Appeals for the Second Circuit · 1910
- David v. HarrisCourt of Appeals for the Second Circuit · 1913
- Roth v. HarrisCourt of Appeals for the Second Circuit · 1909
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- Sparks-Withington Co. v. E. A. Laboratories, Inc.Court of Appeals for the Second Circuit · 1924
- Scott & Williams, Inc. v. Aristo Hosiery Co.District Court, S.D. New York · 1920
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