Legal Opinion
Smith v. Mid-Continent Inv. Co.
Court of Appeals for the Eighth Circuit
Decided September 12, 1939No. 11239PublishedCited by 27 opinions
1Opinion of the Court
*624STONE, Circuit Judge.
This is an appeal from an adjudication of infringement of Cross patent No. 1,758,146 covering a “domestic heating system”, applied for November 11, 1926, and issued May 13, 1930.
Defendant (appellant) did not rely upon invalidity of the patent because of anticipation or prior publication. The two defenses were (1) that there was no infringement and (2), if the patent claims read upon the accused device, the patent is invalid as being an “aggregation”. Appellant argues here the further matter of “paper patent”.
1. Infringement.
The accused construction and the commercial…
2Cases cited20 opinions
- Sanitary Refrigerator Co. v. WintersSupreme Court of the United States · 1929
- Reckendorfer v. FaberSupreme Court of the United States · 1876
- Hailes v. Van WormerSupreme Court of the United States · 1874
- Smith v. Magic City Kennel Club, Inc.Supreme Court of the United States · 1931
- Keystone Driller Co. v. Northwest Engineering Corp.Supreme Court of the United States · 1935
15 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Mercoid Corp. v. Mid-Continent Investment Co.Supreme Court of the United States · 1944
- American Infra-Red Radiant Co. v. Lambert Industries, Inc.Court of Appeals for the Eighth Circuit · 1966
- Montgomery Ward & Co. v. ClairCourt of Appeals for the Eighth Circuit · 1941
- Dominion Magnesium Ltd. v. United StatesUnited States Court of Claims · 1963
- Tank Insulation International, Incorporated v. Insultherm, Inc., Insultherm, Inc. Mark A. McBride Thermacon, Inc.Court of Appeals for the Fifth Circuit · 1997
22 more not listed; retrieve them via the Exa API.