Legal Opinion

Draper Corp. v. Stafford Co.

Court of Appeals for the First Circuit

Decided December 13, 1918No. 1357PublishedCited by 2 opinions

Appeal from the District Court of the United States for the District of Massachusetts; Frederic Dodge, Judge. ■ Suit by- the- Draper- Corporation against the Stafford Company. From a final decree entered after defendants appeal from an interlocutory decree, which-adjudged'invalid some of the claims of plaintiff’s patent;- plaintiff appeals.

1Opinion of the Court

BINGHAM, Circuit Judge.

In this case, after full proofs, an interlocutory decree was entered in the District Court in favor of the plaintiff, adjudging claims 1 and 9 of the patent valid and infringed, ordering a permanent injunction, and directing an accounting. At the same time, and as a part of the decree, it was adjudged that claims 12, 13, and 18 were invalid. From so much of the decree as held claims 1 and 9 valid and infringed, the defendant prosecuted its. appeal to this court under the provisions of section 129 of the Judicial Code (Act March 3, 1911, c. 231, 36 Stat. 1134 [Comp. St…

2Cases cited3 opinions

  1. Ex Parte National Enameling and Stamping CompanySupreme Court of the United States · 1906
  2. Foote v. Parsons Non-Skid Co.Court of Appeals for the Sixth Circuit · 1912
  3. Cuyler v. Atlantic & N. C. R.U.S. Circuit Court for the District of Eastern North Carolina · 1904

3Cited by2 opinions

  1. Icyclair, Inc. v. District Court of United States for Southern District of CaliforniaCourt of Appeals for the Ninth Circuit · 1937
  2. Rico Mfg. Co. v. Trico Products Corp.Court of Appeals for the First Circuit · 1935

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