Legal Opinion

Trussell Mfg. Co. v. S. E. & M. Vernon, Inc.

District Court, E.D. New York

Decided February 11, 1926No. 2037PublishedCited by 3 opinions

1Opinion of the Court

CAMPBELL, District Judge.

Plaintiff brings this suit in equity against the defendant alleging infringement of letters patent No. 880,053, for improvement in temporary binders, and No. 1,104,394, for temporary binder, issued February 25, 1908, and July 21, 1914, respectively, to Clarence D. Trussell, assignor to Trussell Manufacturing Company. The defendant challenges the validity of both patents and denies infringement. I will consider them in the order named.

Patent No. 880,053 has expired, and only claim 4 of the patent is in suit. It reads as follows:

“4. In a temporary binder, mating prongs;…

2Cases cited4 opinions

  1. Merrill v. YeomansSupreme Court of the United States · 1877
  2. Royer v. CoupeSupreme Court of the United States · 1892
  3. Fulton Co. v. Powers Regulator Co.Court of Appeals for the Second Circuit · 1920
  4. Van Epps v. United Box Board & Paper Co.U.S. Circuit Court for the District of Northern New York · 1905

3Cited by3 opinions

  1. United States v. Beddy G. CuryCourt of Appeals for the Third Circuit · 1963
  2. Enison-Freeman Co. v. LevyCourt of Appeals for the Second Circuit · 1932
  3. Zunum Aero Inc v. The Boeing CompanyDistrict Court, W.D. Washington · 2022

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