Continental Paper Bag Co. v. Eastern Paper Bag Co.
Supreme Court of the United States
CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE FIRST CIRCUIT. This is a bill in equity to restrain the infringement of letters patent No. 558,969, issued to William Liddell for an. improvement in paper bag machines for making what are designated in the trade as self-opening square bags.
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CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE FIRST CIRCUIT. This is a bill in equity to restrain the infringement of letters patent No. 558,969, issued to William Liddell for an. improvement in paper bag machines for making what are designated in the trade as self-opening square bags. The claims in suit do not include mechanism for making- a complete bag, but only mechanism for distending one end of a tucked or bellows folded paper tube made by other mechanism, and folding it down into a form known in the art as the “diamond fold.” This fold is flattened and pasted by other mechanism…
1Opinion of the CourtJustice McKenna
The defense of want of invention in the Liddell machine is not urged here, because it is said that the decision of that question depends upon mechanical comparisons, too numerous and complicated to be conveniently made by a bench of judges, and because, though the Liddell patent approaches closely the prior art, it “perhaps covers a margin of differentiation sufficient, though barely sufficient, to constitute invention.”
The two questions, therefore, which remain for decision are the jurisdiction of the court and the question of infringement. We will consider the latter question first. It does…
2Cases cited23 opinions
- Connolly v. Union Sewer Pipe Co.Supreme Court of the United States · 1902
- Seymour v. OsborneSupreme Court of the United States · 1871
- Miller v. Eagle Manufacturing Co.Supreme Court of the United States · 1894
- Bement v. National Harrow Co.Supreme Court of the United States · 1902
- Deering v. Winona Harvester WorksSupreme Court of the United States · 1894
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- Graver Tank & Mfg. Co. v. Linde Air Products Co.Supreme Court of the United States · 1950
- Ebay Inc. v. Mercexchange, L. L. C.Supreme Court of the United States · 2006
- Sri International v. Matsushita Electric Corporation of America and Matsushita Electric Industrial Co., Ltd.Court of Appeals for the Federal Circuit · 1985
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