Legal Opinion

Page Steel & Wire Co. v. Smith Bros. Hardware Co.

Court of Appeals for the Sixth Circuit

Decided April 6, 1933No. 6122PublishedCited by 16 opinions

1Opinion of the Court

SIMONS, Circuit Judge.

The appeal involves validity of patent No. 1,643,123, issued to appellant September 20, 1927, on the application of William Thomas Kyle, filed December 3, 1924, for a traffic protective structure. It is conceded that, if the patent is valid, the defendants infringed. The defenses, anticipation, non-invention, and misrepresentation as to claim 7, were sustained below, and the plaintiff there appeals.

The fences that one sees at dangerous spots along the highway are designated by the patentee and his assignee, the plaintiff, as highway guards or barriers. It is contended…

2Cases cited8 opinions

  1. Weir Frog Co. v. PorterCourt of Appeals for the Sixth Circuit · 1913
  2. Willett Mfg. Co. v. Root Spring Scraper Co.Court of Appeals for the Sixth Circuit · 1932
  3. Dunham Co. v. CobbCourt of Appeals for the Sixth Circuit · 1927
  4. Grand Rapids Refrigerator Co. v. StevensCourt of Appeals for the Sixth Circuit · 1928
  5. Voightmann v. PerkinsonCourt of Appeals for the Seventh Circuit · 1905

3 more not listed; retrieve them via the Exa API.

3Cited by16 opinions

  1. Mathews Conveyer Co. v. Palmer-Bee Co.Court of Appeals for the Sixth Circuit · 1943
  2. Firestone Tire & Rubber Co. v. United States Rubber Co.Court of Appeals for the Sixth Circuit · 1935
  3. O'LEARY v. Liggett Drug Co.Court of Appeals for the Sixth Circuit · 1945
  4. United States Gypsum Co. v. Consolidated Expanded Metal CompaniesCourt of Appeals for the Sixth Circuit · 1942
  5. The Buffalo-Springfield Roller Company v. The Galion Iron Works Manufacturing CompanyCourt of Appeals for the Sixth Circuit · 1954

11 more not listed; retrieve them via the Exa API.

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