Individual Drinking Cup Co. v. Public Service Cup Co.
Court of Appeals for the Second Circuit
Appeals from the District Court of the United States for the Southern and Eastern Districts of New York. Suit in equity by the Individual Drinking Cup Company and others against the Public Service Cup Company. From the decree, both parties appeal. Suits by the Individual Drinking Cup Company against Charles Frrett and against the Pludson River Day Dine. From the decrees (226 Fed. 465; 234 Fed. 653; 237 Fed. 400), complainant appeal^.
1Opinion of the Court
MAYER, District Judge.
The appeals in these three cases were argued together and concern two patents, viz.: Letters patent (a) to Luellen, No. 1,032,557, for a paper cup (the “cup patent”), applied for May 23, 1908, and granted July 16, 1912; and (b)> to Luellen, No. 1,-081,508, for a dispensing apparatus for paper cups (the “apparatus patent”), originally applied'for April 2, 1908; later divided and granted December 16, 1913. There are three alleged infringing devices, viz.: (1) the so-called Lily cup; (2) a penny-in-the-slot or vending machine; and (3) a free dispenser.
In the suit in the…
2Cases cited2 opinions
- Henry v. A. B. Dick Co.Supreme Court of the United States · 1912
- Individual Drinking Cup Co. v. Public Service Cup Co.District Court, E.D. New York · 1915
3Cited by9 opinions
- Hartford-Empire Co. v. OBEARNESTER GLASS CO.Court of Appeals for the Eighth Circuit · 1938
- Individual Drinking Cup Co. v. ErrettCourt of Appeals for the Second Circuit · 1924
- Julius Levine & Co. v. Automatic Paper Machinery Co.Court of Appeals for the Third Circuit · 1933
- Individual Drinking Cup Co. v. Public Service Cup Co.Court of Appeals for the Second Circuit · 1919
- Vortex Mfg. Co. v. F. N. Burt Co.District Court, W.D. New York · 1924
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