Legal Opinion

Rose v. Hirsh

Court of Appeals for the Third Circuit

Decided November 9, 1896PublishedCited by 5 opinions

Appeal from the Circuit Court of the United States for the Eastern District of Pennsylvania. This was a suit in equity by John Bose against Henry Hirsh, Otto J. Lang, Alfred C. Hirsh, William Hirsh, and E. M. Hirsh, trading as Hirsh & Bros., for alleged infringement of two patents to complainant for improvements in umbrella sticks and umbrella eases, respectively. The circuit court dismissed the bill (71 Fed. 881), and complainant appealed.

1Opinion of the Court

BUTLER, District Judge.

The suit is for infringement of the first and second claims of letters patent No. 504,944 granted to Rose; and of the first claim of letters patent No. 504,945 granted to Rose.

Claims 1 and 2 of the first of these patents read as follows:

“(1) A tubular metal stick for umbrellas or parasols, said stick being drawn down near one end so that the tubular end portion of the stick is reduced in diameter and increased in thickness as compared with the body of the stick, substantially as specified.
“(2) The combination of the tubular metal stick drawn down near one end so that…

2Cited by5 opinions

  1. Coltman v. Colgate-Palmolive-Peet Co.Court of Appeals for the Seventh Circuit · 1939
  2. Consolidated Fastener Co. v. Columbian Fastener Co.U.S. Circuit Court for the District of Northern New York · 1897
  3. Auto Spring Repairer Co. v. GrinbergU.S. Circuit Court for the District of Southern New York · 1912
  4. Rose v. FretzU.S. Circuit Court for the District of Eastern Pennsylvania · 1899
  5. Day v. Aabling-Ebright Seed Co.District Court, W.D. Washington · 1916

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