Consolidated Fastener Co. v. Littauer
Court of Appeals for the Second Circuit
This is an appeal from an order of the circuit court, Northern district of New York, granting an injunction pendente lite against infringement of complainant’s patent. The patent in suit, No. 405,179, was granted to Pierre A. Raymond, June 11, 1889, for an improvement in buttons. Claims 1 and 3, only, are involved in this litigation.
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This is an appeal from an order of the circuit court, Northern district of New York, granting an injunction pendente lite against infringement of complainant’s patent. The patent in suit, No. 405,179, was granted to Pierre A. Raymond, June 11, 1889, for an improvement in buttons. Claims 1 and 3, only, are involved in this litigation. Suit was heretofore brought upon the same patent by this complainant against the Columbian Fastener Company, of which the present defendant, Littauer, was president; and at final hearing on pleadings and proofs the patent was sustained, claims 1 and 3 were…
1Opinion of the CourtLa Combe, Circuit Judge
(after stating the fact's). This court pointed out the distinction between “appeals from, orders” and “appeals from final decrees” in American Paper Pail & Box Co. v. National Folding-Box & Paper Co., 2 C. C. A. 165, 51 Fed. 229:
“The adjudication upon which the motion for preliminary injunction was based, not being the subject of the appeal, is to have the same weight, which it should have before the circuit court, * * * in the absence of some controlling reason for disregarding it.”
No such controlling reason is suggested here. No prior patent, or prior use or prior publication, having an…
2Cases cited1 opinion
- American Paper Pail & Box Co. v. National Folding Box & Paper Co.Court of Appeals for the Second Circuit · 1892
3Cited by6 opinions
- Barry v. Harpoon Castor Mfg. Co.Court of Appeals for the Second Circuit · 1913
- Consolidated Fastener Co. v. HaysCourt of Appeals for the Second Circuit · 1900
- Nicholl, Inc. v. Schick Dry Shaver, Inc.Court of Appeals for the Ninth Circuit · 1938
- Consolidated Rubber Tire Co. v. Diamond Rubber Co.Court of Appeals for the Second Circuit · 1907
- United States Fastener Co. v. BradleyCourt of Appeals for the Second Circuit · 1906
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