Frank F. Smith Metal Window Hardware Co. v. Yates
Court of Appeals for the Second Circuit
Appeal from the District Court of the United States for the Southern District of New York. Suit in equity by tiie Frank P. Smith Metal Window Hardware Company against John W. Yates. From an order and decree adjudging defendant in contempt for violating a decree granting an injunction against manufacture and sale of sash pivots for windows, defendant appeals. He also seeks to review the District Judge’s action in deny- ing a rehearing of the motion to punish for contempt.
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Appeal from the District Court of the United States for the Southern District of New York. Suit in equity by tiie Frank P. Smith Metal Window Hardware Company against John W. Yates. From an order and decree adjudging defendant in contempt for violating a decree granting an injunction against manufacture and sale of sash pivots for windows, defendant appeals. He also seeks to review the District Judge’s action in deny- ing a rehearing of the motion to punish for contempt. The following is the opinion of District Judge Augustus N. Hand in the court below: A decree was granted by this court,…
1Opinion of the Court
COXE, Circuit Judge.
[1] The record shows a persistent and disingenuous purpose on the part of the defendant to appropriate the invention of the complainant. It also shows an emphatic recognition of the value of the invention by the courts of this circuit.
The patent in controversy is No. 970,656, granted to Frank F. Smith September 20, 1910, for an improved pivot and pivoting mechanism for use in connection with fireproof windows whose sashes and frames are made of sheet metal. The District Court for the Southern District held this patent valid and-infringed in an action against the defendant.…
2Cases cited1 opinion
- Crown Cork & Seal Co. v. American Cork Specialty Co.Court of Appeals for the Second Circuit · 1914
3Cited by16 opinions
- Alemite Mfg. Corporation v. StaffCourt of Appeals for the Second Circuit · 1930
- Hartford-Empire Co. v. OBEARNESTER GLASS CO.Court of Appeals for the Eighth Circuit · 1938
- Radio Corporation v. Cable Radio Tube CorporationCourt of Appeals for the Second Circuit · 1933
- American Foundry & Mfg. Co. v. Josam Mfg. Co.Court of Appeals for the Eighth Circuit · 1935
- Frank F. Smith Hardware Co. v. S. H. Pomeroy Co.Court of Appeals for the Second Circuit · 1924
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