Legal Opinion

West Disinfecting Co. v. Frank

U.S. Circuit Court for the District of Southern New York

Decided June 19, 1906PublishedCited by 1 opinion

In Equity. On final hearing.

1Opinion of the Court

HAZEL, District Judge.

The bill herein charges infringement of a design patent, No. 33,633, of December 4, 1900, for a casing for disin-*389fccting apparatus to Emil Taussig, of which complainant company is the"owner by assignment. The defenses are want of novelty, prior use, and anticipation. Assuming the validity of the patent infringement is not controverted. The specification states:

"The leading feature of my design consists in a easing for disinfecting apparatus, which com] (rises a cylindrical body portion, provided with rounded ends, the said body portion having- an annular band of…

2Cases cited5 opinions

  1. Gorham Co. v. WhiteSupreme Court of the United States · 1872
  2. Smith v. Whitman Saddle Co.Supreme Court of the United States · 1893
  3. Untermeyer v. FreundU.S. Circuit Court for the District of Southern New York · 1889
  4. Bradley v. EcclesCourt of Appeals for the Second Circuit · 1903
  5. Rowe v. Blodgett & Clapp Co.District Court, D. Connecticut · 1900

3Cited by1 opinion

  1. H S Earle Mfg. Co. v. Clark & Parsons Co.U.S. Circuit Court for the District of Maine · 1907

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