Legal Opinion
Popsicle Corp. v. Weiss
District Court, S.D. New York
Decided May 15, 1929PublishedCited by 5 opinions
1Opinion of the Court
B0NDY, District Judge.
This is a suit for infringement of claim 1 of the Burt patent, 1,470,524, dated October 9, 1923, and claims 1 to 5 inclusive of the Epperson patent, 1,505,592, dated August 19, 1924.
Defendant’s counsel admitted during the trial that, if the patents are valid, they were infringed by the defendant.
Claim 1 of the Burt patent covers: “The process of making a frozen confection which consists in bringing a handle member in contact with a body of edible substance which is fluid at normal temperature, and subjecting the body to refrigeration, whereby it is solidified and thereby…
2Cases cited5 opinions
- Cochrane v. DeenerSupreme Court of the United States · 1877
- Lawther v. HamiltonSupreme Court of the United States · 1888
- General Electric Co. v. Continental Lamp Works, Inc.Court of Appeals for the Second Circuit · 1922
- In re BurtCourt of Appeals for the D.C. Circuit · 1928
- Davis v. Hall Mammoth Incubator Co.Court of Appeals for the First Circuit · 1912
3Cited by5 opinions
- Western Electric Co. v. General Talking Pictures Corp.District Court, S.D. New York · 1936
- Good Humor Corp. v. Popsicle Corp.District Court, D. Delaware · 1932
- National Popsicle Corp. v. Brookfield Ice Cream Corp.District Court, E.D. New York · 1932
- National Popsicle Corp. v. HarveyDistrict Court, E.D. Pennsylvania · 1934
- Oster v. Grant-Southern Iron & Metal Co.District Court, E.D. Michigan · 1974