Legal Opinion

Crown Cork & Seal Co. v. American Cork Specialty Co.

Court of Appeals for the Second Circuit

Decided January 13, 1914No. Nos. 34-36, 173, 174PublishedCited by 20 opinions

Appeals from the District Court of the United States for the Eastern District of New York. These causes come here upon appeal to review decrees of the District Court, Eastern District of New York, holding certain claims of three patents to be valid and infringed by defendants.

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Appeals from the District Court of the United States for the Eastern District of New York. These causes come here upon appeal to review decrees of the District Court, Eastern District of New York, holding certain claims of three patents to be valid and infringed by defendants. The patents in question are No. 792,284, granted June 13, 1905, to complainant as assignee of William Painter, for method of manufacturing bottle closures; No. 887,838, granted May 19,.1908, to complainant as assignee of Painter for a machine for making closures for bottles; and No. 887,SS3, granted MAy.19, 1908, to…

1Opinion of the CourtLacombe, Circuit Judge

(after stating the facts as above). The peculiar seal for bottles containing gas-impregnated liquids, which has commended itself to the trade and has gone into general use, antedated these patents. The combination of a metal cap with corrugated flange to grip the bottle top, a cork lining or disk, and a fusible binder was covered by earlier patents and had for long been used by complainant. The validity of these earlier patents had been sustained. In producing this structure difficulties were encountered and defects in the product resulted. The patents in suit were devised to overcome these…

2Cases cited1 opinion

  1. Bonsack Mach. Co. v. National Cigarette Co.U.S. Circuit Court for the District of Southern New York · 1894

3Cited by20 opinions

  1. Hartford-Empire Co. v. OBEARNESTER GLASS CO.Court of Appeals for the Eighth Circuit · 1938
  2. Radio Corporation v. Cable Radio Tube CorporationCourt of Appeals for the Second Circuit · 1933
  3. American Foundry & Mfg. Co. v. Josam Mfg. Co.Court of Appeals for the Eighth Circuit · 1935
  4. Gordon v. Turco-Halvah Co.Court of Appeals for the Second Circuit · 1917
  5. Frank F. Smith Metal Window Hardware Co. v. YatesCourt of Appeals for the Second Circuit · 1917

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