O'Brien-Worthen Co. v. Stempel
Court of Appeals for the Eighth Circuit
Appeal from the District Court of the United States for the Eastern District of Missouri; David P. Dyer, Judge. Bill by Herman F. Stempel, Jr., against the O’Brien-Worthen Company, a corporation. From an interlocutory decree for an injunction against infringement and for an accounting, defendant appeals.
1Opinion of the Court
SANBORN, Circuit Judge.
[1] On December 10, 1901, letters patent No. 688,446 were issued to the appellee, Herman F. Stempel, Jr., for improvements in gum plasters. This is an appeal from an interlocutory decree against the appellant for an injunction against infringement and for an accounting. As usual, the finding of the validity of the patent and the finding of its infringement are challenged.
The object of the invention, its character, and extent, are portrayed by the following excerpts from the specification:
“The object of the present invention is to provide a plaster which will se» curely…
2Cases cited16 opinions
- Seymour v. OsborneSupreme Court of the United States · 1871
- Miller v. Eagle Manufacturing Co.Supreme Court of the United States · 1894
- Potts v. CreagerSupreme Court of the United States · 1895
- National Hollow Brake-Beam Co. v. Interchangeable Brake-Beam Co.Court of Appeals for the Eighth Circuit · 1901
- Hobbs v. BeachSupreme Court of the United States · 1901
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3Cited by11 opinions
- New York Scaffolding Co. v. WhitneyCourt of Appeals for the Eighth Circuit · 1915
- Ottumwa Box Car Loader Co. v. Christy Box Car Loader Co.Court of Appeals for the Eighth Circuit · 1914
- Drum v. TurnerCourt of Appeals for the Eighth Circuit · 1914
- Jensen-Salsbery Laboratories, Inc. v. O. M. Franklin Blackleg Serum Co.Court of Appeals for the Tenth Circuit · 1934
- I. T. S. Rubber Co. v. Essex Rubber Co.District Court, D. Massachusetts · 1920
6 more not listed; retrieve them via the Exa API.