Legal Opinion

Outlook Envelope Co. v. Whiting-Patterson Co.

District Court, E.D. Pennsylvania

Decided October 31, 1916No. 1565Published

In Equity. Suit by the Outlook Envelope Company and others against the Whiting-Patterson Company and others. On motion for preliminary injunction.

1Opinion of the Court

DICKINSON, District Judge.

This bill voices the complaint of a trespass upon the proprietary rights of the plaintiff and its appeal for protection. The right is the one conferred by letters patent No. 893,-105, known as the Slater patent.

The claims in issue are 5, 14, and 15. A prima facie case is made out through the grant of the letters, general acquiescence in the recognition of the right thus conferred, the adjudication of the validity of the patent, and proofs of the infringing acts. The answer is a negation of this validity, an avoidance of the legal effect of the adjudication, and a…

2Cases cited1 opinion

  1. Outlook Envelope Co. v. Samuel Cupples Envelope Co.Court of Appeals for the Second Circuit · 1915

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