Baker v. Hughes-Evans Co.
Court of Appeals for the Second Circuit
Appeal from the District Court of the United States for the Southern District of New York. Three suits in equity by Stephen D. Baker and the Eairfacts Company, Incorporated, against the Hughes-Evans Company and W. R. Hughes, individually and doing business as W. R. Piughes & Co. Decrees for defendants, and complainants appeal. All the decrees appealed from were of dismissal, and all the suits 'in which they were entered were brought upon patents and claimed infringement.
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Appeal from the District Court of the United States for the Southern District of New York. Three suits in equity by Stephen D. Baker and the Eairfacts Company, Incorporated, against the Hughes-Evans Company and W. R. Hughes, individually and doing business as W. R. Piughes & Co. Decrees for defendants, and complainants appeal. All the decrees appealed from were of dismissal, and all the suits 'in which they were entered were brought upon patents and claimed infringement. The first suit is upon patent 1,239,076, and design 50,291. The first and most general claim in the mechanical patent is as…
1Opinion of the CourtHough, Circuit Judge
(after stating the facts as above). [1] Evidence reveals, as the reason for all these patents, that for some years bathrooms have increasingly contained tubs which are “made a part of one or more walls,” or the tub is “set up with its rim projecting into the wall.” From this it follows that projecting soap holders and similar adjuncts are somewhat in the way. This has led to the insertion in the wall of accessories of many kinds; e. g., soap dishes, toilet rolls, etc.
In respect of the mechanical patent for the lip receptacle, it is particularly insisted that the “pair of spaced upright…
2Cases cited8 opinions
- Strause Gas Iron Co. v. William M. Crane Co.Court of Appeals for the Second Circuit · 1916
- R. E. Dietz Co. v. Burr & Starkweather Co.Court of Appeals for the Second Circuit · 1917
- Bayley & Sons, Inc. v. Standart Art Glass Co.Court of Appeals for the Second Circuit · 1918
- Williams Calk Co. v. KemmererCourt of Appeals for the Third Circuit · 1906
- Williams Calk Co. v. Neverslip Mfg. Co.U.S. Circuit Court for the District of Middle Pennsylvania · 1905
3 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Gross v. NorrisDistrict Court, D. Maryland · 1927
- Rowley v. TresenbergDistrict Court, E.D. New York · 1941
- General Electric Co. v. Paramet Chemical Corp.Court of Appeals for the Second Circuit · 1936
- Stowe v. American Refractories Co.Court of Appeals for the Sixth Circuit · 1921