Faulkner v. Empire State Nail Co.
Court of Appeals for the Second Circuit
Appeal from the Circuit Court of the United States for the Southern District of New York. This was a suit by the Empire State Nail Company against Edward H. Faulkner, Edward D. Faulkner, and Francis E. Faulkner for alleged infringement of a patent relating to furniture nails. The circuit court rendered a decree in favor of the complainant. 55 Fed. 819. Defendants appeal.
1Opinion of the Court
LACOMBE, Circuit Judge.
The suit was brought upon letters patent No. 370,614, granted September 17, 1887, on application filed November 2,1881, to Thomas F. N. Finch, assignor, for an "improvement in furniture nails.” There is no question as to the validity of the patent or its infringement. Defendants contend that the American Solid Leather Button Company, which manufactured the nails they sold, had the right to use the invention by reason of certain transactions between that company and one Latimer B. M. Finch.,
The complainant’s chain of title is as follows:(1) Thomas F. N. Finch, (the…
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