Thomas Lasting Wave Co. v. E. Fredericks, Inc.
Court of Appeals for the Second Circuit
Appeal from the District Court of the United States for the Southern District of New York. Suit for -infringement of a patent by the Thomas Tasting Wave Company, Inc., against E. Fredericks, Inc., and another.
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Appeal from the District Court of the United States for the Southern District of New York. Suit for -infringement of a patent by the Thomas Tasting Wave Company, Inc., against E. Fredericks, Inc., and another. Decree for defendants, and plaintiff appeals. ' Appeal from a decree-dismissing the original and supplemental bills for noninfringement of certain claims of three patents: (1) No. 1,164,101, dated December 14, 1915, granted upon an application filed December 4, 1913, to George Kremer and Ernest Unger, for an apparatus for curling hair. (2) No. 1,164,102, dated December 14, 1915, granted…
1Opinion of the CourtMayer, Circuit Judge
(after stating the facts as above). Plaintiff is the owner of the Unger patent, and is also owner of an undivided one-half interest in the two Kremer patents. Kremer is the owner of the other undivided half interest in the Kremer patents, and was made an unwilling defendant, so that the whole controversy could be disposed of in this suit. There were certain preliminary motions made in the District Court in respect of joining defendant Kremer as a party. One of these motions was passed upon by the writer, but as no error has been assigned, and as counsel for appellees, in open court, *187wai ved…
2Cases cited4 opinions
- Benjamin Electric Mfg. Co. v. Dale Co.Court of Appeals for the Second Circuit · 1907
- Nestle Patent Holding Co. v. E. Frederics, Inc.Court of Appeals for the Second Circuit · 1919
- Brown v. Crane Co.Court of Appeals for the Seventh Circuit · 1904
- Faultless Rubber Co. v. Star Rubber Co.U.S. Circuit Court for the District of Northern Ohio · 1911
3Cited by4 opinions
- Nestle-Le Mur Co. v. Eugene, Ltd.Court of Appeals for the Sixth Circuit · 1932
- E. Fredericks, Inc. v. EugeneCourt of Appeals for the Second Circuit · 1924
- Clark Stek-O Corp. v. Carpenter-Hiatt Sales Co.Court of Appeals for the Second Circuit · 1932
- Rewave Heaters, Inc. v. Nestle-Lemur Co.District Court, S.D. New York · 1937