Legal Opinion
Herman Nelson Corp. v. American Blower Corp.
Court of Appeals for the Sixth Circuit
Decided June 2, 1936No. 6940PublishedCited by 1 opinion
1Opinion of the Court
MOORMAN, Circuit Judge.
The patent in suit, Shurtleff reissue No, 18,374, is for a heating and ventilating unit. It makes 34 claims, 20 of which were alleged in the bill to be infringed. The defenses were lack of invention, invalidity in view of the prior art and prior uses, and noninfringement. The lower court passed only on those of lack of invention and invalidity because of prior art and publications, sustaining both and dismissing the bill.
It is apparent from the prior patents and publications pleaded, as well as the adjudged cases [Callahan v. Nesbitt (C.C. A.) 1 F.(2d) 75; Herman Nelson…
2Cases cited7 opinions
- AO Smith Corporation v. Petroleum Iron Works Co.Court of Appeals for the Sixth Circuit · 1934
- Kilbourne v. W. Pingham Co.Court of Appeals for the Sixth Circuit · 1892
- Strom Manuf'g Co. v. Weir Frog Co.Court of Appeals for the Sixth Circuit · 1897
- Drake Castle Pressed Steel Lug Co. v. Brownell & Co.Court of Appeals for the Sixth Circuit · 1903
- Wise Soda Apparatus Co. v. Bishop-Babcock-Becker Co.Court of Appeals for the Sixth Circuit · 1917
2 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Cleveland Trencher Co. v. Buckeye Traction Ditcher Co.District Court, N.D. Ohio · 1940