Legal Opinion

Welsh Co. v. Victor A. Chernivsky, D/B/A Comfy Babe Company

Court of Appeals for the Seventh Circuit

Decided March 30, 1965No. 14509PublishedCited by 15 opinions

1Opinion of the Court

KILEY, Circuit Judge.

Welsh Company sued for a declaration that defendant’s patent, No. 2,848,040, was invalid and not infringed by a baby chair manufactured by Welsh. Cher-nivsky counterclaimed, charging infringement. The district court found the patent valid but not infringed, entered judgment accordingly, and this appeal followed. We think the court’s judgment is right as to validity and erroneous as to infringement.

The patented article in suit is an infant seating device consisting of a base member and a back rest member formed of spring wire. These parts are so adapted that they may be…

2Cases cited15 opinions

  1. Loom Co. v. HigginsSupreme Court of the United States · 1882
  2. Sanitary Refrigerator Co. v. WintersSupreme Court of the United States · 1929
  3. Goodyear Tire & Rubber Co. v. Ray-O-Vac Co.Supreme Court of the United States · 1944
  4. Expanded Metal Co. v. BradfordSupreme Court of the United States · 1909
  5. Jungersen v. Ostby & Barton Co.Supreme Court of the United States · 1949

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3Cited by15 opinions

  1. Earl R. Ortman, D/B/A Advance Pump & Equipment Co. v. Herbert W. Maass, D/B/A Herb. Maass ServiceCourt of Appeals for the Seventh Circuit · 1968
  2. Uarco Incorporated, a Corporation v. Moore Business Forms, Inc., a CorporationCourt of Appeals for the Seventh Circuit · 1971
  3. Crane Co. v. Aeroquip CorporationDistrict Court, N.D. Illinois · 1973
  4. Carboline Company v. Mobil Oil CorporationDistrict Court, N.D. Illinois · 1969
  5. Nasco Incorporated v. Vision-Wrap, Inc.Court of Appeals for the Seventh Circuit · 1965

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