Legal Opinion · Dissent

Texas-Miller Hat Corp. v. Switzer Bros., Inc. Switzer Bros., Inc. v. Texas-Miller Hat Corp.

Court of Appeals for the Fifth Circuit

Decided April 23, 1953No. 13915_1Published

1DissentStrum, Circuit Judge

Being of the opinion that the patents in question are valid and infringed, and that there has been no sufficient prior anticipation of the device here in question to defeat its patentability, I think the decree appealed from should be affirmed.

The Switzer patent relates to a novel col- or phenomenon termed daylight fluorescence. It embodies a device which imparts to clothing, paper or other material a fluorescent quality which in daylight causes the material to emit light, rather than merely reflecting it. This creates a sharper and more vivid color, distinguishable at much greater distances,…

2Cases cited5 opinions

  1. Great Atlantic & Pacific Tea Co. v. Supermarket Equipment Corp.Supreme Court of the United States · 1951
  2. Ritchie v. Lewis-Browning Mfg. Co., Inc.Court of Appeals for the Fifth Circuit · 1952
  3. Switzer Bros., Inc. v. Centennial Liquor Stores, Inc.Court of Appeals for the Fifth Circuit · 1951
  4. Switzer v. MarzallDistrict Court, District of Columbia · 1950
  5. Marzall, Commissioner of Patents v. SwitzerCourt of Appeals for the D.C. Circuit · 1952

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