Collar Co. v. Van Dusen
Supreme Court of the United States
Appeal from the Circuit Court for the Southern District of New York, in which court the Union Paper-collar Company filed a bill against Yan Dusen,. to enjoin him from making shirt-collars out of a certain sort of paper which he was using and to which thej7 claimed an exclusive right, and also from turning over the collars so made, by a particular contrivance which .he was also using, and of which, as of the fabric of the collar, the company claimed a monopoly.
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Appeal from the Circuit Court for the Southern District of New York, in which court the Union Paper-collar Company filed a bill against Yan Dusen,. to enjoin him from making shirt-collars out of a certain sort of paper which he was using and to which thej7 claimed an exclusive right, and also from turning over the collars so made, by a particular contrivance which .he was also using, and of which, as of the fabric of the collar, the company claimed a monopoly. The claim by the company of exclusive right as to the fabric of the collars — that is to say, the sort of paper out of which they were…
1Opinion of the CourtJustice Clifford
The case presents two principal questions for decision:
1st. Whether the reissued patent granted to Evans for improvement in paper shirt collars is a valid patent.
2d. Whether the reissued patent originally granted to Gray for improvements in turn-over shirt collars is a valid patent.
Infringement is admitted.
The defendants allege that the reissued patent of Evans is not for the same invention as the original. This, if true, is sufficient to show that the patent is invalid even if the patentee was the original and first inventor of the improvement described in tbe original patent.
Power to…
2Cited by50 opinions
- C.R. Bard, Inc. v. M3 Systems, Inc.Court of Appeals for the Federal Circuit · 1998
- Mahn v. HarwoodSupreme Court of the United States · 1884
- U. S. Industrial Chemicals, Inc. v. Carbide & Carbon Chemicals Corp.Supreme Court of the United States · 1942
- James C. Hobbs v. United States of America, Atomic Energy CommissionCourt of Appeals for the Fifth Circuit · 1971
- Van Heusen Products, Inc. v. Earl & WilsonDistrict Court, S.D. New York · 1924
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